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(영문) 광주지방법원 순천지원 2021.01.29 2020고단2190
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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

Criminal facts

On August 3, 2020, the Defendant was a person who is engaged in driving a rocketing car. On August 3, 2020, the Defendant operated the said car at around 23:10, and had two-lanes of the D cafeteria in front of the D cafeteria in the net City C go directly from the apartment side at the same time.

At the same time, there is a crosswalk without pedestrian signal, so in such cases, there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce the speed and to check well the right and the right and the right and the right of the driver and prevent the accident.

However, the defendant did not reduce speed and did not properly look at the front side of the road, thereby taking the victim G, a pedestrian crossing the crosswalk from the right side of the direction to the left side of the road to the left side of the road (the age of 17 years) into the front part of the driver's vehicle, and let the victim go beyond the victim.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence in light of the fact that the victim suffered from an injury to the victim, i.e., blood transfusion outside a light-to-face without any wife in an open room for about six weeks.

Summary of Evidence

1. The defendant's legal statement diagnosis report (victim G telephone conversations) and investigation report (report on the confirmation of black stay images);

1. Application of the Act and subordinate statutes governing the actual survey report, accident scene, and accident vehicle photograph;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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 traffic accidents: The mitigated punishment area (the scope of the recommended area and the recommended punishment], the mitigated punishment area, and January through August of the credit cooperative;

2. Determination of sentence: Four months of imprisonment without prison labor, and one year of suspended execution, the defendant has shocked a victim who has walked on a crosswalk, and is grossly negligent;

However, in agreement with the victim, the injured person shall be punished for the defendant.

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