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(영문) 대전지방법원 2021.02.05 2020고단4338
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2020, the Defendant driven BST520 on around 00:30, while driving a car, which is located within the field of Han field in Daejeon, was driving in the direction of two lanes in the direction of the station distance of government office building in the direction of the four-lane distance.

At the time, there was a possibility for people to cross without permission using the gap in which motor vehicle traffic is limited, so in such a case, there was a duty of care to observe the regulatory speed as a driver of the motor vehicle and to safely drive the motor vehicle while driving the motor vehicle on the right and the right at the right and the right and the right of the driver and prevent the accident.

Nevertheless, the Defendant was negligent by neglecting the speed of restriction on the speed of 78.4 to 81.4 kilometers a speed exceeding 20 kilometers a speed of time at a speed of 78.4 to a speed of 81.4 kilometers a collision between the victim C ( South, 16 years old) who gets a bicycle on the right side and crosses the crosswalk above the crosswalk without permission from the left side of the defendant's running direction.

The Defendant caused the injury to the victim due to the above occupational negligence during the treatment period during which the victim suffered injury to the brain injury of less than two parts of the non-permanent medical treatment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes, such as a traffic accident report, a traffic accident analysis report, each diagnosis report, internal investigation report (in response to the results of the analysis of the Road Traffic Authority, etc.), and opinions on the application thereof;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The accident of this case on the grounds of sentencing in Article 62-2 of the Criminal Act does not identify the victim of 16 years of age who passed the crosswalk without permission while the defendant driven at a speed exceeding 20 kilometers per hour while driving at a speed exceeding the speed of 20 kilometers per hour, and did not discover the victim of 16 years of age who passed the crosswalk.

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