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(영문) 서울북부지방법원 2020.02.06 2019고단5271
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-to-car.

around 10:41 on October 8, 2019, the Defendant continued the front road of the “D” in Nowon-gu, Nowon-gu, in Ethical area, from E to Ethical children’s park protection area, and continued to appear beyond the center line.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to prevent accidents by making a internship at the permissible point of internship for a person engaged in driving of a motor vehicle.

Nevertheless, the defendant was found to have a part of the pedestrian F (79 years old) who was crossing the opposite roadway with the front part of the said car by negligence beyond the central line. The defendant was found to have a part of the pedestrian F (79 years old) who was crossing the opposite roadway from the Rolar Children's Park.

As a result, the suspect suffered injury, such as the escape of a copy on the left side, which requires approximately eight weeks of medical treatment due to such occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes to photographs on the scene of accident, B car studs, and to capse photographs;

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;

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

1. Where there is a substantial negligence on the occurrence of, or the expansion of damage from, a traffic accident to victims in the area to mitigate (one month to eight months) types of general traffic accidents (the injury resulting from a traffic accident) according to the sentencing guidelines;

2. The Defendant, who was sentenced to a sentence, caused a traffic accident by the negligence of an interning the central line, resulting in an injury to the victim for about eight weeks. The Defendant’s negligence is large, and the result is considerably heavy, and the Defendant was unable to receive a letter from the victim.

However, the defendant is deeply divided and reflected in his mistake;

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