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(영문) 수원지방법원 2020.04.02 2019고단7306
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 cars B and B.

On September 23, 2019, the Defendant driving the above cargo vehicle around 13:10 on September 23, 2019, and driving along the three-lane road in front of the shooting distance in front of the Southern Do 21, as Osan, along the direction of the middle long distance.

They turn to the left in the direction of the sports range shooting distance.

At the time, there was a crosswalk with a signal at a place where the defendant enters the left and the right-hand turn, so there was a duty of care to safely drive the motor vehicle by accurately manipulating the steering gear and operating the steering gear.

Nevertheless, the Defendant neglected this and did not give a right and right and left and did not turn left to the left, and got a pedestrian crossing pursuant to the new subparagraph by negligence, and received the victim C(the age of 68) in front of the above cargo vehicle driving by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the completion of the right-hand body, the escape, etc., which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. On-site photographs, black boxes, and CDs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Order of Community Service and Order to Attend Education [the scope of recommendations] traffic accidents in general, [the category 1] mitigation area of traffic accidents, the imprisonment without prison labor for one month to eight months: The crime of this case is not punishable (the decision of sentence] by negligence committed by the defendant who neglected his/her duty of care in front of the week, thereby standing the crosswalk pursuant to the pedestrian name.

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