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(영문) 대전지방법원 서산지원 2020.04.22 2020고단39
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 driving a motor vehicle B.

On November 26, 2019, the defendant, around 11:00, proceeded with the roads in front of the Certified Judicial Scriveners Office in Seosan City C from the E-school surface.

Since there is a place in which a crosswalk is installed, in such a case, the driver has a duty of care to temporarily stop or reduce the speed at the place where the crosswalk stop line is installed, and to check whether there is a person to walk the crosswalk well, and to safely drive the crosswalk to prevent the occurrence of the accident.

Nevertheless, the Defendant neglected this and got the Victim F (36 years old) who crossed a marina as it was due to negligence while driving the crosswalk as it was, and received the full part of the Defendant’s car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., 10 weeks in line with the right snife in line, which requires treatment between about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. An accident site photograph;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range], basic area, April through one year without prison labor.

3. Circumstances disadvantageous to the decision-making on sentence: The fact that the driver gets injured by shocking the victim of the crosswalk, the fact that the defendant's negligence was serious, and the circumstances favorable to the fact that the victim's injury was serious: The fact that the defendant is against the mistake, the fact that the motor vehicle comprehensive insurance is subscribed, and the agreement is reached.

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