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(영문) 광주지방법원 순천지원 2020.05.08 2019고단2830
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 the duty of driving a small-type taxi B.

The Defendant, at around 21:00 on October 22, 2019, driven the above taxi and proceeded along the two-lane road in front of the D Bank in C in the direction of vice consul distance from the direction of vice consul distance to the direction of vice consul distance. In such cases, the Defendant is at night and at the time, a road with a signal lights and crosswalk installed. In such cases, the Defendant, who is engaged in driving, has a duty of care to check whether the Defendant, who is engaged in driving the taxi, is a person walking the crosswalk, and to safely drive the taxi in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and proceeded in violation of the signal and received the front part of the victim E (the 64 years old) on the left side of the victim E (the 64 years old) who dried the above crosswalk in accordance with the pedestrian signals by negligence.

As a result, the Defendant suffered injury, such as the cutting of a pelto, which requires treatment for about 8 weeks, from the above accident.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to a traffic accident report, a suspect vehicle booms, and a photographor by cutting down the suspect vehicle booms;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the general traffic accident [the category 1] the injury [the special person] of traffic accident - the mitigation element: the punishment unencept (including serious efforts to recover the damage) - the aggravated element: the basic area of the recommendation [the signal violation, crosswalk] where illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the signal violation, crosswalk).

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