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(영문) 의정부지방법원 2019.08.14 2019고단1010
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 is engaged in driving a Switzerland car.

On February 12, 2019, the Defendant driven the said car at around 20:55, and driven the two-lane road prior to C at two weeks in each week, depending on two-lanes in the direction of the C-dong Office in the direction of the C-dong Office, the Defendant proceeded at the speed of 31km to 40km each hour.

There are crosswalks where signal lights are installed on the front door, so in such a case, the driver of the motor vehicle has a duty of care to reduce the speed and thoroughly check the front door for the driver of the motor vehicle, and to check whether there is a person driving the motor vehicle, and to safely drive the motor vehicle according to the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim D (the age of 13) who dried the crosswalk from the right side to the left side in accordance with the pedestrian signals at the front of the Defendant’s front side by negligence, even though the signal was changed to a stop signal, and continued to proceed at the same speed, and operated it rapidly to avoid this. However, the Defendant did not avoid it, and did not go to the Defendant’s vehicle, and did the victim go beyond the ground after receiving the left side of the said victim’s vehicle.

Ultimately, the Defendant suffered approximately seven weeks of treatment due to the above occupational negligence, she was suffering from a felbris, etc. to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. A report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, on-site photographs and intensity, black stuffs, CDs;

1. Application of Acts and subordinate statutes to a medical certificate (D), a report on investigation (to hear statements of victims);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 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 on orders to provide community service and attend lectures;

1. Scope of punishment by law: One month to five years;

2. The scope of recommendations according to the sentencing criteria; and

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