(영문) 청주지방법원 2020.12.16 2020고단1974

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(영문) 청주지방법원 2020.12.16 2020고단1974

교통사고처리특례법위반(치상)

Text

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

except that 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 Patom car.

On September 7, 2020, the Defendant driven the said car at around 06:10, and proceeded with the two-lane road in front of the petition-gu C apartment at the Cheongju-si, the two-lanes of the Si consul distance from the front of the C apartment at the Cheongju-si to the Si consul distance.

At the time, the road was cut down and the road was set up in the front. In such a case, the driver of the motor vehicle confirmed whether there is a person driving the motor vehicle using the crosswalk by reducing the speed and checking well the right and the right and the right of the motor vehicle and, if there is a pedestrian, there was a duty of care to safely drive the motor vehicle, such as temporary suspension in front of the crosswalk.

Nevertheless, the defendant neglected this and got the victim D (the age of 76) who crosses the crosswalk to the right side from the left side of the direction of the defendant's proceeding to go beyond the ground by taking the victim D (the age of 76) who is driving by the defendant.

As a result, the Defendant suffered injury to the victim by negligence in the above business, such as the right completion officer in need of treatment for about 11 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs, actual condition survey reports, diagnosis reports, and investigation reports (victim D telephone conversations);

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. The decision of the suspended sentence under Article 62(1) of the Criminal Act shall be made in the same way as the order is comprehensively taking into account the following factors: the reason for sentencing under Article 62(1) of the Criminal Act; the degree of negligence by the defendant, the degree of damage, the point agreed with the victim

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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