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(영문) 창원지방법원 통영지원 2021.02.09 2020고단1304
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of 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 of B-learning passenger cars.

On July 15, 2020, the Defendant came to turn to the left from the erode of the Berode of the C at the 11:10 occ on July 15, 2020.

At the same time, the crosswalk is installed, so in such cases, the driver of the motor vehicle has a duty of care to check whether the person in charge of the motor vehicle is walking the crosswalk and to safely drive the crosswalk to prevent the accident.

Nevertheless, the defendant neglected to turn to the left without neglecting it, and the victim E (the remaining and 64 years old) who dried the crosswalk from the right side of the defendant's vehicle driving direction to the left side was shocked into the front part of the defendant's vehicle.

As a result, the Defendant suffered injury, such as cutting the body frame of a sweak, which requires approximately 12 weeks of medical treatment, from the victim due to such occupational negligence.

Summary of Evidence

1. A written statement (E) diagnosis of the occurrence of a traffic accident by a defendant at law;

1. Application of Acts and subordinate statutes to the actual survey report;

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

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

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] The injury or danger of a traffic accident [special sentencing person] shall be mitigated (including the area of recommendation and recommendation] caused by efforts to recover damage], and the area of mitigation of punishment [the scope of punishment and recommendation], and January through August of the credit cooperative.

3. Determination of sentence: April of imprisonment without prison labor, the occurrence of the traffic accident in this case for one year of suspended execution, the extent of damage caused thereby, and in particular, the traffic accident in this case is a violation of the duty of pedestrian care in the crosswalk and the nature of the crime is very poor.

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