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(영문) 대전지방법원 2020.05.15 2020고단508
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 the vehicle B at low price.

On December 26, 2019, the Defendant driven the above car on December 26, 2017:15, and became to enter the Fedong-distance Intersection in order to turn the three-lane of the three-lane road in the front of Daejeon Dong-gu, Daejeon, into the Fedong-distance Intersection, depending on the three-lane road.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code, by reducing speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and got off the left side of the victim E (Nam, 68 years old) who opened the crosswalk from the right side to the left side in accordance with the above pedestrian signals due to the negligence of proceeding, even though the pedestrian signal is a green, the Defendant received the front part of the above vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand slots and alleys that require approximately 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. F's statement (whether serious injury is involved);

1. A traffic accident report (1) (2) (2) and a report on internal investigation (an investigation into a suspect's vehicle booms);

1. A medical certificate;

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

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be the ordinary traffic accident [the category 1] caused by traffic accident (the person specially punished].

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