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(영문) 전주지방법원 2020.10.14 2020고단392
교통사고처리특례법위반(치상)
Text

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

However, 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 a Grand Co., Ltd.

At around 16:00 on January 28, 2020, the Defendant driven the above van, while driving the said van, which led to a road of one lane in front of the Dmart in Seojin-gu Seoul at Jeondong-gu.

Since a crosswalk is installed on the front side, there was a duty of care to check whether or not a person engaged in driving service gets involved in driving service to reduce speed and to check the front side and the left side well, and to drive safely.

Nevertheless, the defendant neglected this and got the victim F (10 years of age) to stand the crosswalk to the right side from the left side of the defendant's proceeding direction by negligence, which led the defendant to go beyond the full left side of the defendant's seat.

After all, the Defendant suffered injury to the victim, such as the pressure 7 and 10 of the 12 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. F’s report on hearing of statements;

1. A traffic accident report (1) (2) and accident site photograph;

1. Application of Acts and subordinate statutes to a written diagnosis of CCTV images around the accident site;

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. Article 62 (1) of the Act on Suspension of Execution (The following extenuating circumstances deemed favorable for the reason of sentencing):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Act on the Order of Community Service and Order to Attend the lecture, even though the defendant is required to verify whether he/she has a person to build the crosswalk while driving his/her vehicle, is negligent in doing so, and the defendant's negligence is excessive, and the degree of negligence committed by the defendant is heavy, and the degree of injury to the victim is heavy.

However, the defendant does not want the punishment of the defendant by mutual consent with the family of the victim.

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