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(영문) 인천지방법원 2021.01.27 2020고단9347
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of 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 vehicle B with low investment.

On March 16, 2020, the Defendant driven the above car at a speed of about 65 km per hour from the direction of the sports center in the direction of the Incheon Gyeyang-gu to the intersection in front of the Gyeyang-gu 71 new Gyeyang-gu for the calculation of Incheon.

A driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle after checking whether a person engaged in driving the motor vehicle has a pedestrian driving on the road with a thorough traffic situation and whether there is a pedestrian driving on the road.

Nevertheless, due to the negligence that the defendant neglected this and proceeded at the same speed, the defendant shocked the victim D ( South, 61 years old) who crosses the crosswalk in violation of the pedestrian signal from the left side to the right side of the intersection by the road crossing at the same speed, with the front side of the car of the defendant.

Ultimately, the Defendant suffered serious injury to the victim due to the above occupational negligence in the state of mixed transfusion (COMA) caused by an influence of the number of days of treatment to the victim.

Summary of Evidence

1. Reporting on the occurrence of a traffic accident in the police statement protocol by the defendant's legal statement E, and reporting on internal investigation (a CCTV image for method);

1. Application of Acts and subordinate statutes, such as traffic accident analysis and diagnosis reports;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [type 1] The ordinary traffic accident [type 1] the injury [special sentencing person] caused by a traffic accident: The victim also has a considerable fault in the occurrence of a traffic accident or the expansion of damage, making efforts to recover damage (in the sphere of recommendation and the scope of the recommended punishment] the area of special mitigation, and January through August;

2. The sentencing conditions in Article 51 of the Criminal Code, including the circumstances following the decision of sentence;

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