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(영문) 의정부지방법원 2020.04.13 2020고단834
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-learning car.

On August 30, 2019, the Defendant driven the above car on August 23:15, 2019, and proceeded ahead of the Cheongp upper three-lane, which is located in the 86 Cheongpyeong-gun, Young-gu, Gyeonggi-do, at the speed of about 109km in Seoul, along the two-lanes in the direction of the Chuncheon.

At the time, night and its restricted speed is 60km per hour, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as complying with the restricted speed and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and did not discover the victim C ( South and 68 years of age) who has dried the crosswalk on the right side from the left side of the running direction of the Defendant’s vehicle, which was driven by the Defendant’s negligence in excess of about 49 km, and did not discover the victim C ( South and 68 years of age) with the pedestrian red signal, and was placed at the right side of the victim’s right side by the front front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim as to the 12 weeks of medical treatment due to the above occupational negligence, such as cutting the frame and opening of the body part.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation;

1. On-site survey report and traffic accident analysis report;

1. A medical certificate;

1. Application of the relevant photographs, Ma1 Vehicle Track Image Images Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years from a credit cooperative;

2. The scope of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes shall be limited to the general traffic accident [the category 1] causing the injury of a traffic accident (the special person]: The victim shall also be limited to the occurrence of a traffic accident or the expansion of damage.

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