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(영문) 창원지방법원 2020.02.12 2019고단2492
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 drives a small-type taxi B.

On February 2, 2019, at around 02:50, the Defendant, at the window C of Changwon-si, proceeded along the distance in front of the D Hospital and the distance in front of the D Hospital at the window C of Changwon-si, along the three-lane distance from the Do through the Changwon Police Station.

At the time, since it is a new wall time, there was a duty of care to prevent accidents by accurately manipulating the steering system and brake system of the vehicle in such cases.

Nevertheless, the Defendant neglected this and was negligent, and the Defendant received the victim E (58 years of age) who opened the pedestrian signal from the left side of the running direction to the right-hand side of the crosswalk in which the pedestrian signal is red, as the front part of the above vehicle.

Accordingly, the Defendant suffered serious injury, such as fall in recognition function due to brain damage, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Verification as to whether a medical certificate or serious injury is verified;

1. Application of the Acts and subordinate statutes concerning investigation reports (with regard to signal cycles, etc.), CCTV images, and black stuffs images;

1. In full view of the circumstances acknowledged by the evidence, such as the pertinent legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (Selection of Depository Punishment), Article 268 of the Criminal Act (hereinafter “instant accident”), such as the direction of the Defendant’s proceeding at the time of the instant accident, the form and speed of the victim’s walking at the time of the instant accident, the brightness and view of the surrounding areas at the time, and the progress of the Defendant’s neighboring vehicle, etc., even though the Defendant had changed the pedestrian signal at the time to red, it can be sufficiently recognized that the instant accident was caused by negligence, even though he/she could have discovered the victim’s appearance facing the

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] of the suspended sentence shall be April of imprisonment without prison labor in the basic field of the first category of general traffic accidents.

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