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(영문) 수원지방법원 안양지원 2020.06.05 2019고단2646
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a sealed 3 freight vehicle.

On October 30, 2019, the Defendant driven the above vehicle at around 10:23, while driving the vehicle, led the roads in front of the Do Do Do Do Da Da Da Do Do dong Do Do Do Do dong Do Do Do Do Do Do Do gu Do gu Do Do gu Do gu Do g

Since a crosswalk and signal, etc. are installed, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle gets on a crosswalk by reducing speed and checking well the right and the right and the right of the motor vehicle, and to safely drive the crosswalk in accordance with the new code.

Nevertheless, when the defendant neglected this and found the victim E (e.g., the 53 years old) late from the right side of the defendant's course to the left side of the road by the driver's signals in violation of the signal, while the defendant neglected to stop the vehicle driving signal, he was able to see the victim E (e.g., the 53 years old), but he did not avoid it, and was able to get the left body of the victim with the front part of the vehicle driven by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as the escape of the left-hand flag, which requires approximately 14 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Video data CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the accused, in violation of signal violations and duty to protect pedestrians, has concealed pedestrians, and the degree of the injured party's injury is not minor;

However, the defendant subscribed to a comprehensive insurance, agreed to pay the agreed amount to the victim, and took an attitude against the victim.

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