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(영문) 춘천지방법원 원주지원 2021.01.15 2020고단462
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a gallon II as a gallon.

On March 27, 2020, the Defendant driven the above vehicle around 00:21 on March 27, 2020, while driving the D amusement station located in C in the original city, and driving the road ahead of the D amusement station in the original city at a remote distance protection area from the original city to the main public health clinic at an irregular speed.

The location was installed at a crosswalk without signal, and at night at that time, and in such a case, there was a duty of care to safely drive a motor vehicle by checking whether there was a person driving the motor vehicle by reducing the speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, when the defendant neglected to do so and went beyond the road by shocking the victim E (the remaining, 74 years old) who has dried the crosswalk to the right side from the left side of the running direction of the defendant's vehicle, into the front part of the defendant's vehicle.

As a result, the Defendant suffered injury, such as duplicating the 12 weeks of lupage, closure, etc. of the two lupages, which are in need of approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Application of the statutes in six copies of a medical certificate to the defendant's legal statement, investigation report ( listening to the statement of the victim), report on the occurrence of a traffic accident, report on a traffic accident (report on the actual condition), photographs at the scene of an accident, and photographs to the

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 and Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [any unfavorable circumstance] was caused by an accident that occurred at a crosswalk, thereby causing serious injury to the victim.

After the accident, the victim died while receiving treatment from the hospital.

[The favorable circumstances] The mistake is recognized, and is against the law.

There are some circumstances that can be considered in light of weather conditions at the time of the accident, the clothes of the victim, etc.

The vehicle of the defendant.

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