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(영문) 대전지방법원 2020.04.03 2020고단327
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 multilateral car.

Around 09:50 on December 9, 2019, the Defendant was driving the above van and stopped on the street in front of the building (ju) in Seo-gu Daejeon, Seo-gu, Daejeon, but was making a U.S. internship.

Since there are lots of crosswalks installed, the driver has a duty of care to safely drive the road using the crosswalks to check whether the driver is a pedestrian, and to safely drive the road.

Nevertheless, the Defendant neglected this and got the victim E (the age of 64) to stand the crosswalk due to the negligence of his neglect.

As a result, the Defendant suffered injury, such as the so-called unflag abandonment abandonment, etc., from the victim’s occupational negligence for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements and written complaints;

1. A traffic accident report (1) (2) (actual survey report);

1. Each written diagnosis;

1. Application of on-site photographs and traffic accident CD-related Acts and subordinate statutes;

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 January to five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing guidelines [the determination of types] of traffic accidents in general traffic accidents [the category 1] and the mitigated factors of traffic accidents [the person specially punished]: The mitigated factors of punishment (the scope of the recommended area and the recommended punishment], the mitigated range of punishment (the scope of the recommended area and the recommended punishment], and January through August of the credit cooperative;

3. Determination of sentence: The crime of this case for four months of imprisonment without prison labor, and one year of suspended execution shall be the case where the defendant is driving in violation of the duty to protect pedestrians in the crosswalk and thereby resulting in the victim's injury, and the liability for the crime is not minor, and the degree of the victim's injury shall be transferred.

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