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(영문) 대전지방법원 2020.08.27 2020고단1264
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in the operation of Lone Star.

At around 17:10 on January 15, 2020, the Defendant driven the above van, which led to the left turn to the front side of the Seo-gu Seoul Apartment Ddong, Seo-gu, Daejeon.

Since a crosswalk is installed at a front door, there was a duty of care to prevent the occurrence of an accident, such as safe driving, etc., after checking whether a person engaged in driving a motor vehicle has a duty of care to reduce the speed of the person engaged in driving the motor vehicle, to live well, and to safely drive the crosswalk.

Nevertheless, the defendant neglected to turn to the left without neglecting this, and got the victim F (70 years of age) who was standing the crosswalk from the right side of the defendant's proceeding to the left side to go to the road.

As a result, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as the anti-fluence of the upper right, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The application of a traffic accident inspection report, a diagnosis report on the actual condition of the accident, a site photograph, and Acts and subordinate statutes governing the accident place photograph;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. The reasons for sentencing of Article 62-2 of the Criminal Act for the provision of community service and order to attend a lecture are that the defendant, while driving a motor vehicle as indicated in the judgment of the court, the victim was shocked to the floor, and the degree of negligence of the defendant who contributed to the occurrence of the accident is significant.

In addition, as a result of the instant crime, the elderly victim suffered from the injury of the frameworks of the high-ranking strekele streke, and the degree of damage suffered by the victim is serious.

Therefore, since the illegality of the instant crime is high, the Defendant.

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