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(영문) 서울중앙지방법원 2020.11.26 2020고단5953
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 of K3 cars.

On July 18, 2020, at around 05:40 on July 18, 2020, the Defendant proceeded at a speed of about 20 km from the street to the black east of the Han River at a speed of less than 10 km per hour, depending on one lane from the direction of the street.

At all times, there is a pedestrian crossing installed with signal apparatus, so the driver has a duty of care to stop the accident by driving in accordance with the new code.

Nevertheless, the defendant neglected this and got the victim to leave the right side of the defendant's driving direction by his negligence while changing the signal to a stop signal, and caused the victim to go beyond the floor by getting the victim to leave the crosswalk from the right side of the defendant's driving direction.

Ultimately, the Defendant caused the injury to the victim by occupational negligence, such as the pelpelle, the upper part of the pelpelle, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Depository Punishment);

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an unfavorable condition against the Defendant, in light of the following: (a) the Defendant, while driving a vehicle, sustained an injury to the victim who dried the crosswalk due to a signal violation for eight weeks; (b) the degree of breach of duty of care was serious; and (c) the degree of injury suffered by the victim was

However, the defendant recognized his mistake and reflects his depth, the defendant's death with the truth of the victim, and the victim does not want the punishment of the defendant as the defendant agrees with the victim smoothly.

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