(영문) 대전지방법원 천안지원 2020.03.27 2019고단3380

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(영문) 대전지방법원 천안지원 2020.03.27 2019고단3380

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 of B rocketing motor vehicles.

On November 7, 2019, the Defendant driven the above vehicle at a speed of no more than 1:55, while driving the two-lane road in front of Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul along the direction of the death-proof distance, and driving at a speed of no more than 2-lanes in the direction of the tent.

Since the place is a road with a crosswalk, in such a case, the driver of the vehicle has a duty of care to temporarily stop and check whether the driver of the vehicle is a pedestrian and prevent the accident in advance.

The defendant neglected to do so, and caused the victim D (the age of 71) who walked along the crosswalk to the right side from the left side of the proceeding direction by negligence.

As a result, the Defendant suffered from the injury of an injury to the victim due to the above occupational negligence during the period of eight weeks, where there is no two internal organs in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs and black stuffs images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution of sentence is to determine the sentence as ordered in consideration of the following: (a) the degree of negligence is serious and the degree of injury of the victim is serious; (b) the defendant is admitted to commit the crime; (c) the defendant is admitted to the Financial Cooperative; (d) the victim does not want the punishment of the defendant; and (e) the defendant has no same power to do so.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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