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(영문) 인천지방법원 2020.06.11 2020고단1983
교통사고처리특례법위반(치상)
Text

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

except that 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 of B 2 cargo vehicles.

At around 15:00 on November 13, 2019, the Defendant driven the above cargo vehicle, and led to the left-hand turn at about 5 km from the area of the building in Incheon Nam-gu at the speed of about 3 km from the surface of the building in order to turn to the left.

On the other hand, there is a pedestrian crossing which has frequent traffic and has no signal signal, so in such a case, there was a duty of care to check whether there is a person who renders a left-hand turn prior to the left-hand turn, and check whether there is a person who renders a left-hand turn, and check the way and the left-hand turn.

Nevertheless, the defendant did not discover the victim E (W, 55 years old) who walk the crosswalk to the port from the right side of the defendant's course due to negligence of neglecting this, and did not discover the victim E (W, 55 years old) and got the victim to go beyond the ground.

Ultimately, the Defendant suffered from a serious injury, such as an external wound, which requires medical treatment for about six months, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Status of investigation (finding the current status of a victim);

1. Written opinions on serious injury to E;

1. Application of the Acts and subordinate statutes to black boxes and video materials;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury of traffic accidents (special-speed person], the mitigated element of punishment: Where a serious injury occurs (the scope of recommendation area and recommendation range], the basic area, and April to one year;

3. Determination of sentence: Eight months of imprisonment without prison labor;

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