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(영문) 광주지방법원 2020.06.04 2020고단437
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2019, the Defendant driven a BNAS car on December 15:25, 2019, and driven the front road of Gwangju Mine-gu C in the direction of D apartment from the 119 Safety Center.

Since the place is where a crosswalk is installed, in such cases, a person engaged in driving a motor vehicle shall reduce the speed and properly live in the front door, and when a pedestrian passes the crosswalk, he/she has the duty of care to temporarily stop in front of the crosswalk to check whether the pedestrian is sent first and safely, and to prevent the accident in advance.

Nevertheless, the defendant is negligent in doing so and is proceeding.

The victim E (n, 26 years old) who is crossing the right side on the left side of the front road of the front bank was not found and the front part of the defendant's vehicle was shocked to the front side of the victim's right bridge.

As a result, the Defendant suffered from occupational negligence on the part of the victim, such as the pelvis and the pelvis of the pelvis of the pelvis and the pelvis of the pelvis.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of the CD 1 statute

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

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: General traffic accidents [Type 1] There is no person causing a traffic accident [the scope of the recommended area and the recommended punishment] [the scope of the recommended punishment], the basic area of the traffic accident [the scope of the recommended area and the recommended punishment], four months to one year [the general person] - the reduction element: the comprehensive motor vehicle insurance policy - the increased factor: In other cases where a serious injury, other than a serious injury, occurs.

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