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(영문) 전주지방법원 2021.03.10 2020고단1944
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 engaging in driving a rocketing car.

On July 11, 2020, the Defendant driven the above vehicle around 19:30 on July 11, 2020, and led to the passage from the right intersection to the river park along the front side of the Yansan-gu C Apartment-gu Seoul Metropolitan City D, Seoul Metropolitan City.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the defendant neglected this and caused the victim E (or the age of 77) to go beyond the back to avoid the vehicle of the defendant.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as influence of detailed uncertainty at the lower right frame in need of approximately 12 weeks of treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to photographs by taking a hearing report by the defendant on the legal statement E of the defendant on the traffic accident, reporting on the occurrence of the traffic accident, and reporting on the occurrence of the traffic accident;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

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

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] of the ordinary traffic accidents [the Class 1] caused by traffic accidents [the special sentencing factors] mitigation factors: Where an injury occurs among the aggravated factors of punishment (including serious efforts to recover damage): The basic area of the recommendation and recommendation [the scope of the recommended punishment], April through one year;

3. Determination of sentence: Status at the time of the traffic accident as indicated in the judgment, details and degree of damage inflicted by the defendant, and comprehensive motor vehicle insurance.

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