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(영문) 춘천지방법원 원주지원 2019.08.28 2019고단197
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years 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-to-car.

On December 8, 2018, at around 17:36, the Defendant proceeded to turn to the left at an irregular speed in the direction of D elementary school from the direction of the C Contracting State.

Since there was a crosswalk, there was a duty of care to check whether there was a person who gets on the crosswalk and safely drive the crosswalk by thoroughly operating the steering gear and the steering gear.

Nevertheless, the defendant neglected to do so and proceeded with the victim E (the age of 67) who was crossing from the right-hand side of the vehicle driving by the defendant to the left-hand side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as pressure pressure duplicating the second step that requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of E;

1. E statements;

1. Application of Acts and subordinate statutes, such as a traffic accident report (1), a traffic accident report (2), a de facto survey report, on-site photographs, etc.;

1. Article 3 (1), 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, Article 268 of the Criminal Act;

1. The crime of violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents in Article 62 (1) of the Act on the Suspension of Execution has no criminal records against the defendant in light of the method and result of the crime. However, there are no criminal records against the defendant, and it seems that the vehicle driven by the defendant at the time of the traffic accident in this case has been covered by the comprehensive motor vehicle insurance and considerable damage has been caused to the victim. The defendant has reached an agreement with the victim. This part of the crime is divided in depth into the defendant's mistake, and the defendant's detention has been made to his dependants.

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