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(영문) 의정부지방법원 2020.05.08 2019고단5698
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 who is engaged in driving a B-Wood vehicle.

On May 8, 2019, the defendant driven the above car at around 09:00, and proceeded to turn to the left from the side of the D apartment at the southyang-si.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by properly operating the steering and steering the steering gear well, and by accurately manipulating the steering gear.

Nevertheless, the Defendant neglected his duty at the front time and was negligent in proceeding along with the Defendant’s failure to perform his duties, and received the front part of the victim F (the age of 32) who was crossing the crosswalk in the front direction of the Defendant’s proceeding.

As a result, the Defendant suffered injury to the victim, such as cutting the body of the mouth, bones, etc. requiring approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic accidents: General traffic accidents [Type 1] and the injury [Special Sentencing] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, imprisonment without prison labor for one month through eight months;

2. Determination of sentence: In April of the suspension of execution of one year, the defendant was negligent in neglecting his/her duty at the time of the front week and caused the instant accident that led to the victim crossing the crosswalk.

However, all of the crimes of this case are recognized by the defendant, and the defendant agrees with the victim.

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