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(영문) 의정부지방법원 고양지원 2019.07.05 2019고단801
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 the operation of the Lone Star bus.

At around 18:20 on February 17, 2019, the Defendant driven the above van, and led the front road of the Yongsan-gu Busan Metropolitan City C from the lake to the direction of the dialogue.

Since the location is an intersection where signal lights and crosswalks are installed on the front side, in such a case, there was a duty of care to safely drive the crosswalk by properly examining whether there is a pedestrian who sees the signal while complying with the signal.

Nevertheless, the defendant neglected this and proceeded with red signals, and the victim D, who dried a crosswalk in accordance with the pedestrian signals, was 52 years old, in the front room.

Ultimately, the Defendant suffered injury to the victim, such as the amount of sacratium and sacratium in need of approximately 10 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of radioactive vehicles;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years from a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] and the injury [Special Aggravation of Punishment] caused by traffic accidents: In cases where illegality in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (in cases falling under the grounds for two or more provisos), (in cases falling under the grounds for two or more provisos), the basic area of recommendation and the scope of recommendation], four months through one year;

3. The Defendant’s negligence with respect to the occurrence of the instant accident, which was determined by sentence, is not weak, and the degree of injury suffered by the victim is relatively heavy.

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