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(영문) 의정부지방법원 2020.12.09 2020고단4819
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 engaging in driving a rocketing car.

On August 13, 2020, the Defendant driven the above vehicle on August 13, 2020, and led the front road C from the d side to the E apartment room.

At all times, the crosswalk without signal lights is installed, and the passage of the pedestrian is frequent, so there was a duty of care to ensure the safe operation of the steering gear and brakes by accurately operating the steering gear and brakes in care of pedestrians.

Nevertheless, the defendant neglected his duty at the time of the front-round, and caused the victim F (the age of 65) to go up with the front-hand part of the driver's car by negligence that led to the left-hand turn.

As a result, the Defendant suffered injury, such as the upper part of the upper part of the upper part of the body and the combination of the upper part of the body and the upper part of the body, which requires medical treatment for about 12 weeks from the above occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to a defendant's legal statement, a fact-finding report on the occurrence of a traffic accident, a medical certificate on the site, or a CCTV for crime prevention;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant, while driving a car and driving the car to turn to the left, received the victim who dried the crosswalk without any signal, and suffered injury for about 12 weeks in need of medical treatment.

In light of the background of crime and the degree of injury of the victim, the quality of the crime is not easy.

However, the fact that the defendant received a letter from the victim, and the person who was the defendant wanted to leave the place of the defendant, and the defendant has no record of punishment after around 199, considering the circumstances favorable to the defendant, and the age and character of the defendant are also considered.

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