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(영문) 수원지방법원성남지원 2020.08.14 2020고단727
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 B B-II cargo vehicle.

On February 10, 2020, the Defendant driven the above cargo vehicle on February 10, 2020, while driving the 09:46, the Defendant had the victim D (n, 78 years of age) who dried the crosswalk from the right side to the right side in the direction of the Defendant’s proceeding due to the occupational negligence, which did not properly conduct the electric direction, while driving the rolling stock in front of Gwangju City to the reverse distance from the boundary of the border zone.

As a result, the Defendant suffered injury, such as an injury to the left-hand body, which requires approximately 18 weeks of medical treatment by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a report on the actual condition of the E-document and a report on the occurrence of a traffic accident, and a photograph to CCTV images;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant caused a traffic accident in violation of the duty to protect pedestrians, thereby causing injury to the victim, and that the degree of injury to the victim is serious is disadvantageous.

However, the defendant's driver's vehicle was covered by a comprehensive insurance, and the defendant does not want the defendant's punishment by agreement with the victim, the defendant appears to have committed a crime, the defendant does not have any criminal records for the last 15 years, and all of the sentencing conditions in this case, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, and circumstances after the crime, etc., shall be comprehensively taken into account, and the sentencing conditions in this case shall be determined as stated in the order, referring to

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