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(영문) 수원지방법원 2021.02.04 2020고단5395
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing car.

On April 3, 2020, the Defendant driven the above car at around 15:20, and made the 133th Dok-ro and bank private distance turn to the left from the c apartment room to the d elementary school.

Since a crosswalk and sidewalk are installed around the road, the driver of the vehicle has a duty of care to prevent accidents by safely driving the vehicle without reporting it by accurately manipulating the steering direction and brake system of the vehicle.

Nevertheless, the defendant is not at a reduced speed, and the defendant is on the right-hand left-hand turn to the right-hand side, and was on the victim E (57 years old), the victim F (n, 36 years old), the baby on the sidewalk at the place where the report was reported by negligence that intrudes on the right-hand side of the defendant's proceeding direction.

F's son G ( South, 1 years old) was shocked.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E in the light of the climatic clisome, etc. requiring approximately 2 weeks of medical treatment, injury to the victim F, such as the climatic clif that requires approximately 12 weeks of medical treatment, and injury to the victim G in the light of the clifical clifa which requires approximately 4 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to traffic accident reports, investigation reports, and medical reports (Attachment of medical certificates);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative for the option of a punishment under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The degree of negligence is very serious, and the injury suffered by the victims, including the baby who was on board a baby due to his/her failure to drive, also is not easy.

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