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(영문) 수원지방법원 안양지원 2020.06.10 2019고단2592
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 W125 Orala driving.

The defendant, around 18:45 on September 20, 2019, had one-lane of the two-lanes of the previous apartment of the Gu C apartment in Ansan-si, at the entrance of the apartment door from the Ddong bank, making it difficult to speed.

Since there are apartment buildings, commercial buildings, etc. on both roads, the driver of the motor vehicle has a duty of care to reduce the speed and to safely drive the motor vehicle by checking well the right and the right of the road.

Nevertheless, the defendant neglected this and proceeded as it is, and the victim E (the 8 years old) who illegally crossed a road on the right side from the left side of the defendant's running side at the time when the defendant's living.

Ultimately, the Defendant suffered injury to the victim, such as the incubation and escape of a baby in need of approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Application of the legal statement E of the defendant's statement in traffic accident, the statement of the traffic accident, the image diagnosis of the video CD for the traffic accident, the report on the traffic accident, the tea inquiry (B), and the field photograph

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is a traffic accident involving the Defendant’s negligence, causing a serious injury to eight weeks prior to the full-time custody of the victim, the victim and his family members, who are under the age of the instant accident, seems to have suffered a considerable physical and mental pain, and the victim’s family members are severe punishment against the Defendant. Meanwhile, the Defendant’s recognition of the crime is against the Defendant. On the other hand, the vehicle operation route of the instant case, the background of the accident, and other Defendant’s age, power, character and conduct, environment, motive for the crime.

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