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(영문) 의정부지방법원고양지원 2020.10.19 2020고단1641
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

Around 17:00 on May 2, 2020, the Defendant driven a B Rtete car and proceeded along the two-lane road in front of C at the time of wave along the intersection from the bend parallel to the Seosan-Eup.

There are three-distance crossings where signal lights are installed, so in such a case, the driver of the motor vehicle has a duty of care to live well on the right and the right of the front and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected to do so and neglected to proceed with the yellow signal while driving on the front side of the vehicle driving by the Defendant, who was walking on the right side from the left side of the front side of the vehicle driving by the Defendant, and received the victim D ( South and eight years old) who was walking on the right side.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, such as brain injury, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (E BurialCCTV) and a report on internal investigation (e.g. black scambling);

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs and accident video CDs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant caused a traffic accident by negligence in violation of the signal, and that the defendant's age is disadvantageous to the defendant.

However, considering the fact that the defendant's mistake is recognized, the age of 7 years is old, there is no criminal power, the victim was walking even though the pedestrian signal was red, the father of the victim did not want the punishment against the defendant, and the fact that the father of the victim was subscribed to the comprehensive motor vehicle insurance, etc., the punishment shall be suspended and the defendant's age shall be determined.

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