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(영문) 인천지방법원부천지원 2020.10.29 2020고단561
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 one year 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 radar car.

On January 17, 2020, the Defendant driven the above car on 09:40 on January 17, 2020, and proceeded on the road of the first-lane D department stores in Seocheon-si C from the front side of the D department stores to E store protection area, and made the left turn turn to the front door of D department stores at the private distance intersection.

In the vicinity of the above private-distance intersection, a crosswalk is installed at and around the intersection where the south and the intersection enter the intersection, or where the D department store enters the intersection, and pedestrians can cross the road. In such a case, there was a duty of care to safely drive a motor vehicle driving person by safely examining the right and the right and the right and the right of the road and prevent accidents.

Nevertheless, the Defendant neglected to do so and neglected the duty on the front side and the left side, and caused the victim to go beyond the floor of the D department store in the vicinity of the crosswalk installed in the area where D department store flows into the front side of the D department store, and did not discover the victim F (n, 32 years of age) who crossed the D department store square from the D department store to the D department store square, and had the victim go beyond the floor.

Ultimately, the Defendant suffered injury to the victim, such as spine in need of approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident of F;

1. A survey report on actual condition (1) (2);

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The recommended range of punishment according to the sentencing guidelines [the determination of types] shall be the area of recommendation that there is no injury (the person who is a special person) caused by traffic accidents in general traffic accidents [the category 1] and the area of recommendation;

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