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(영문) 춘천지방법원강릉지원 2020.08.20 2020고단515
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in the duties of driving multi-user vehicles.

On 06. 08:50 on 05. 06. 08:50, the Defendant driven the above vehicle, driving the front of the D road in the East Sea in the East Sea, driving at a speed of about 40 km per hour according to the E elementary school from the Naan Tri Tri Roadside to the Ethiriside.

At this point, there was a crosswalk where signal lights are not installed, so there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to drive the motor vehicle to reduce the speed and to check well the front door, and if there is any person, he/she has a duty of care to temporarily stop his/her vehicle, and to proceed with driving the motor vehicle by driving the motor vehicle.

Nevertheless, the Defendant did not find out the Victim F (M, 73 years old) who was standing a crosswalk on the right side from the left side of the running direction of the Defendant due to the negligence of neglecting the front direction of the Defendant, and caused the victim to go beyond the road by shocking the upper half of the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury, such as the sofashion of the body part of L2, which requires approximately eight weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written diagnosis of the F;

1. Application of Acts and subordinate statutes to a survey report on actual condition, drug map on accident site, and field photograph;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: One month to five years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the basic area of traffic crimes [the category 1] there is no person causing a traffic accident [the special person] [the recommended area and the scope of recommendations], and imprisonment without prison labor.

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