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(영문) 서울서부지방법원 2020.03.26 2019고단4094 (1)
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 motor vehicle B.

On September 21, 2019, the Defendant driven the above car on September 21, 2019, leading the front road of Mapo-gu Seoul to the direction of D apartment from the direction of digital media market.

At the time, night, and the location was the intersection where a crosswalk without signal lights is installed, so in such a case, there was a duty of care to safely drive a vehicle after checking whether there is a vehicle or pedestrian driving service provider.

Nevertheless, the defendant neglected this and proceeded along with the crosswalk installed in front of the defendant's moving direction, and the victim E (the age of 37) was found to be late, and the defendant got out of the front door of the car in which the defendant drives.

As a result, the Defendant suffered injury, such as the cutting of a pelto, which requires approximately five weeks of medical treatment due to occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to practical survey reports, photographs, diagnosis reports, and investigation reports (victim E telephone conversations);

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. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.

Unfavorable circumstances: The degree of injury is not weak, the circumstances favorable to the fact that there are several penalties power: the agreement with the victim, the fact that the economic situation is not good, and the fact that it is against the law.

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