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(영문) 수원지방법원 안산지원 2019.06.05 2019고단800
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Grandroth.

On January 28, 2019, at around 10:50, the Defendant made a left turn to the left from the luminous plane to the luminous distance.

Since the above road comes into contact with the crosswalk immediately after the left turn, there was a duty of care to reduce the speed to the driver of the vehicle and to prevent the accident by driving the road safely by taking into account whether there is a pedestrian crossing and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant was negligent in operating the crosswalk on the left side of the victim D (the age of 89) who crossed the crosswalk according to the green signal of the crosswalk as the front part of the said van by negligence while neglecting it.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the above victim, such as a bruption of the brush of the father’s brue, in detail, which requires treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Statement of traffic accident-related person;

1. Results of watching the reproduction of black boxes, video CDs attached 13 times by the evidence list Nos. 13;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Legal provisions applicable to the facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) and 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and grounds for sentencing under Article 268 of the Criminal Act;

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

2. Aggravation of the punishment according to the sentencing guidelines [the scope of recommendations] according to the sentencing guidelines for traffic crimes: General traffic accidents [the category 1] causing traffic accidents (the special sentencing person]: Where serious injury occurs (the scope of recommendations and recommendations], the area of the aggravated punishment, and August through 2 years;

3. The degree of violation of the defendant's duty of care in the decision of sentence, the degree of damage caused by the accident in this case, the fact that the victim is punished is desired, and the age, character and conduct, environment, family relationship, and crime.

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