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(영문) 수원지방법원 안양지원 2020.05.29 2019고단2421
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Track Car B.

On June 29, 2019, around 10:45, the Defendant proceeded at a speed of about 60km from the 0th km to the sloping Station, along two-lanes from the direction of the library ginseng.

Since there is a place where a traffic signal and crosswalk are installed, there was a duty of care to prevent accidents by complying with the traffic signal, by checking whether a person engaged in driving a motor vehicle is a person crossing the road according to the crosswalk, by accurately manipulating the steering gear and the brake system, and by operating the steering gear and the brake.

Nevertheless, the defendant neglected this and failed to properly confirm the traffic signal even though it was a stop signal, and caused the victim to go beyond the road by taking the bicycle of the victim E (ma, 10 years old) who passed the road from the right side of the defendant's running direction to the left side of the bicycle and cross the road along the crosswalks.

Ultimately, the Defendant suffered injury to the victim, such as chest pressure pressure, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on traffic accidents and photographs related to accidents;

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

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of recommendations according to the sentencing guidelines: From April to one year (decision of type) of imprisonment without prison labor for a traffic crime: General traffic accident [Type 1] No person causing a traffic accident [the scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, April to one year without prison labor for a traffic accident;

3. The circumstances and records below the sentence of sentence are shown.

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