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(영문) 대전지방법원 천안지원 2021.02.18 2020고단2980
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On October 23, 2020, the Defendant driven the above car at around 14:10, and entered the roads in front of the D store located in North-gu, Seoan-gu, Seoan-gu, Seocheon-gu, into the roads at an unforeseen speed from the D store parking lot.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce the speed and to see well the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the defendant neglected this and proceeded on the right side of the crosswalk E (56 years old) that cross the crosswalk from the left side by negligence, and received the body part of the victim E (56 years old) as the front part of the said car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down or closing of the bones, which is proposed by the victim for about 8 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report (1) and on-site photographs;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is to recognize the defendant's error and reflect his depth in depth, the primary offender is that the victim does not want the punishment against the defendant.

A. (Evidence No. 16 pages), the Defendant’s driving vehicle is covered by a comprehensive motor vehicle insurance, the circumstances and degree of the instant accident, and the responsibility for the instant crime, which resulted in the injury requiring about 8 weeks’ medical treatment due to the shock of pedestrians by occupational negligence, and the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, and other circumstances after the crime.

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