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(영문) 춘천지방법원강릉지원 2020.12.03 2020고단898
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for 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 driving a DESICRD.

At around 19:50 on July 25, 2020, the Defendant driven the above Oralba, leading the front of the “D” road in Gangseo-si C to the order-line terminal from the edge of the E apartment.

Since a crosswalk has been installed, in such a case, there was a duty of care to safely pass the crosswalk by checking whether there is no person who gets on the vehicle driving service.

Nevertheless, the Defendant neglected this and proceeded with the victim F (the 72 years old) who was standing a crosswalk from the right side of the Defendant's proceeding to the left side by his negligence without examining the existence of pedestrians on the crosswalk, and caused the Defendant to shock the victim F (the 72 years old) in front of the Defendant's Oba.

Ultimately, the Defendant suffered approximately 12 weeks from the above occupational negligence to the right side of the victim who is in need of treatment.

Summary of Evidence

1. Medical statements of the defendant in court;

1. Application of Acts and subordinate statutes to the de facto survey report and photographic investigation report (victim F telephone call);

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The conditions favorable to the victim’s severe injury due to the instant traffic accident that occurred due to the Defendant’s secondary driving: The victim does not want the punishment of the defendant; the defendant was the first offender who had no record of committing any crime prior to the instant case; and the defendant’s age, character and conduct, environment, circumstances of the crime, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments shall be determined as the disposition, taking into account the following factors:

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