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(영문) 서울서부지방법원 2020.04.07 2020고단96
교통사고처리특례법위반(치상)
Text

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

except that 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 who is engaged in driving a motor vehicle B with a new rate.

On November 18, 2019, the Defendant driven the above car at around 06:32 on November 18, 2019, and directed the Down-gu Seoul Western-gu road in the direction of E in the direction of the three-dimensional intersection.

At the time, there was a crosswalk in which signal lights are installed in front of the defendant's moving direction, so in such a case, the person engaged in driving a vehicle had a duty of care to safely drive the vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and went beyond the victim due to the negligence that the victim F (the age of 67) passed along the above crosswalk but proceeded with the vehicle stop signals, and the Defendant got the victim to the front of the car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as cutting down the foundation of the closed body, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident of F;

1. Reports (1), (2) on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of punishment [Article 1] The ordinary traffic accident [Article 1] the injury [excluding the person under special circumstances] in Article 3 (2) (proviso) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, where illegality is serious [the area of recommendation and the scope of recommendation], the area of aggravation of imprisonment without prison labor for August 2.

3. Circumstances disadvantageous to the determination of sentence: The victim has suffered serious injury due to this case, and the victim has been the defendant;

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