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(영문) 수원지방법원 성남지원 2020.01.22 2019고단2641
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 the operation of BF rocketing and other automobiles.

At around 10:50 on April 17, 2019, the Defendant driven the said car, and moved the intersection in front of the apartment house C at the lower-nam city into the E apartment room from the D elementary school to the E apartment room. On the part of the bridge of the victim F (F, 79 years old) (F, 79 years old) who walking on the crosswalk due to the occupational negligence of violating the duty of the front side and the left side side of the road, and thereby, suffered injury to the victim, such as the plehing of the plehy of the part where detailed treatment for about 10 weeks is required.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each report on investigation;

1. Application of Acts and subordinate statutes by cutting off on-site photographs, briefing table for appraisal, practical survey report, scene photographs, diagnostic records, vehicle photographs, and CCTV for each crime prevention purpose;

1. Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (the selective prosecutor who seeks imprisonment with prison labor, but the statutory penalty of the instant crime is imprisonment without prison labor or a fine);

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range], basic area, April through one year without prison labor.

3. The crime of this case is not good in light of the fact that a defendant who is disadvantageous to the decision of sentencing violates his duty to protect pedestrians in a crosswalk and causes a traffic accident, and the degree of the victim's injury, etc.

The victim wishes to punish the defendant.

A favorable normal defendant shall be liable for his crime.

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