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(영문) 서울북부지방법원 2020.02.06 2019고단5047
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle in B, B, or B.

On October 24, 2019, the Defendant driven the above cargo vehicle on October 24, 2019, and turn to the left the intersection of the D-distance in front of Dobong-gu Seoul Metropolitan Government to the front line of the new hold box at the E-section.

Since a crosswalk without signal, etc. is installed, there was a duty of care to prevent accidents, such as reducing speed before entering the intersection, and ensuring that there is a person walking the crosswalk, etc. before entering the intersection.

Nevertheless, when the defendant neglected to turn to the left without neglecting it, the defendant did not find out the victim F(71) who walked on the crosswalk from the right side of the last day of the last day to the left side, and went beyond the floor by shocking the victim into the front side of the cargo vehicle of the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident category I (the injury resulting from traffic accident) (one month to eight months) (including special mitigation) and the area of mitigation (including serious efforts to recover damage);

2. The defendant's decision-making decision-making has caused a traffic accident that leads to the shock of a victim who has driven a crosswalk by negligence in violation of the duty to protect pedestrians in the crosswalk, resulting in an injury requiring considerable period of medical treatment to the victim, and the result is significant.

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