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(영문) 전주지방법원 2020.05.13 2019고단1713
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 IMN vehicle.

On May 23, 2019, the Defendant driven the above Lecar on the 23:45th day of May 23, 2019, and led the Defendant to proceed to the temporary park along the direction of the D convenience point in Seojin-gu Seoul Metropolitan City.

In this case, there is a duty of care to check whether a person engaged in driving a motor vehicle is a person driving the motor vehicle, and to safely drive the motor vehicle in order to prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the defendant neglected this and did not find the victim E (the age 17) to the left-hand side from the right-hand side of the running direction of the above vehicle using the crosswalk due to the negligence of leaving the left-hand turn, and the defendant did not get the body side of the victim to go beyond the ground in front of the left-hand side of the Lecar vehicle driving by the defendant.

Ultimately, the Defendant suffered from serious injury to the victim due to the above occupational negligence, such as a ductal of a duct aggregate in need of medical treatment for about 12 weeks, and a ductal disorder caused by brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written statement;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes accompanying accident-related blackbox CDs;

1. Relevant legal provisions concerning criminal facts, the proviso to Article 3 (1), Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act

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 a lecture shall be confirmed when the defendant drives the vehicle and turns left at the crosswalk, but it shall be neglected to do so.

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