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(영문) 수원지방법원 안산지원 2019.06.14 2019고단699
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 125cc-wheeled vehicle B.

On December 25, 2018, the Defendant driven the above-wheeled vehicle around 01:25 on December 25, 2018, which led to the progress of the front of the crosswalk C into a private distance slope from the front of the crosswalk C at the front of the Silsan-si.

At this point, the victim D (the age of 24) was walking along a crosswalk where signal, etc. is installed, and in such a case, there was a duty of care to prevent accidents, such as driving safely according to the name of the person engaged in driving and temporarily stopping in front of the crosswalk.

Nevertheless, the Defendant was negligent in proceeding with the above-wheeled vehicle in violation of the signals in the crosswalk, and received the victim who was walking along the pedestrian signals in the crosswalk as the front part of the above-wheeled vehicle.

Ultimately, the Defendant suffered injury, such as “a duplicating fages that intruded four or more cupages,” which requires approximately five 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 report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, and a report on internal investigation;

1. A medical certificate;

1. Signal frequency table;

1. Application of Acts and subordinate statutes governing accidents;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The Defendant, even if causing a traffic accident due to the central line erosion on November 2, 2018, and the Defendant’s negligence and the quality of the crime are not high, the victim’s injury is not easy, and the victim’s injury is only covered by liability insurance but there is no effort to recover the damage.

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