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(영문) 대전지방법원 2020.10.29 2020고단3087
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 Switzerland car.

On December 5, 2019, the Defendant driven the above car at around 18:30 on December 5, 2019, and led to turn to the left at an aesthetic speed from D apartment to C apartment surface.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, even though the Defendant neglected this and continued to stop a vehicle, the Defendant received the victim E (51 years old) who cross the front side of the crosswalk from the left side of the Defendant’s moving the front side of the front side to the right side according to the pedestrian signals by negligence, even though the front side signal is a stop signal, and went beyond the ground.

Ultimately, the Defendant suffered from the victim’s occupational negligence such as 12 weeks of pulverization of laversing laversing laversing on the left-hand lavers requiring medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written diagnosis of E;

1. Application of Acts and subordinate statutes to the actual survey report on traffic accidents and photographs at the scene of accidents;

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

1. Extent of recommendation [decision of type] according to the sentencing guidelines for traffic accidents in general traffic accidents [Type 1] and the element of mitigation of traffic accidents [including a special person who has committed serious effort to recover damage]: In cases where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or in cases of bad driving (excluding the area of recommendation and the scope of recommendation] and the basic area of imprisonment without prison labor for four months to one year;

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