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(영문) 창원지방법원 2020.05.22 2020고단95
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 a B-learning car.

On November 14, 2019, around 11:20, the Defendant proceeded two lanes between 56 and 3-lanes in the Jinhae post Office located in the area of the Jinhae post Office, where the middle-sea route was located in the area of the Jinhae branch of the C Bank.

In this case, the defendant, who is engaged in driving a motor vehicle, has a duty of care to temporarily stop in front of the crosswalk in front of the crosswalk in order to prevent the passage of the pedestrian, and to prevent the accident in advance, without preventing the passage or danger of the pedestrian.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding from the middle-ro care room to the outside of the waterway, and received the right-hand knee part of the victim D (the age of 57) who crossed the crosswalk as the left-hand part of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as knenee-fele-fele-fele-felging, etc., which requires approximately ten weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on the occurrence of a traffic accident, a report on actual condition, on the site, and vehicle photographs;

1. Application of Acts and subordinate statutes on request for investigation cooperation;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is as follows: (a) the degree of negligence is heavy by taking into account traffic accidents involving the victim crossinging a crosswalk; (b) the degree of injury to the victim; (c) the motor vehicle driven by the defendant is covered by a comprehensive insurance; (d) the victim does not want the punishment of the defendant; and (e) the defendant recognizes the crimes; and (e) there is no history of criminal punishment.

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