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(영문) 서울중앙지방법원 2019.09.25 2019고단2774
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 who is engaged in the service of operating a cruise car.

On April 22, 2019, the Defendant: (a) around 17:30 on April 22, 2019, when the Defendant straighted the shooting distance of the Dosung Elementary School in Gangnam-gu, Seoul, along the two-lane away from the shooting distance room of the Gari apartment, along the two-lanes, at the time the signal, etc. is installed, the driver of the vehicle is obliged to observe the signal; and (b) when the pedestrian passes the crosswalk, the driver of the vehicle was obliged to temporarily stop in front of the crosswalk and protect the pedestrian.

Nevertheless, the Defendant neglected this and caused the injury to the left side of the victim C (Woo, 10 years old) crossing the crosswalk in accordance with the pedestrian signals of the front driver of the Defendant’s vehicle and caused the said victim to undergo approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of traffic accidents in general traffic accidents [Type 1] - The injury of traffic accidents [Special Aggravation] - The aggravated element: Cases where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or in cases of clibing, [the scope of the recommended territory and the recommended sentence] increased area, 8 months to 2 years [general person] increased area, 8 months to 2 years of imprisonment without labor: In cases where comprehensive motor vehicle insurance policy - the aggravated factor has occurred, which is not a serious injury.

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