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(영문) 인천지방법원부천지원 2020.10.06 2020고단1921
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 driving a K5-car.

At around 12:50 on May 1, 2020, the Defendant driven the said car on the three-lane road in front of the Busan Metropolitan City, Seocheon-si, and continued to drive the said car at approximately 30 km in the direction of the flow distance from the direction of the city to the direction of the sub-North Korean Peninsula.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded as it was, disregarded that the vehicle progress signal is changed to the stop signal, and caused the victim's body part crossing the crosswalk from the right side to the left side of the crosswalk pursuant to the pedestrian signals, and went beyond the ground. Thus, the victim suffered injury, such as a pelf, etc., in need of approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes in Chapter D’s statement of fact-finding report and examination report, blackbox CD No. 1

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the crime of this case is recognized, the first offender, and the fact that the insurance money is paid in the automobile comprehensive insurance to which the defendant joined);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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