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(영문) 서울동부지방법원 2020.10.23 2020고단1364
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 was a person who was engaged in driving the B Es. S. S. S. S. S. S. Twit-wing vehicle.

At around 18:40 on March 24, 2020, the Defendant was proceeding one lane from the five-lane road in Gangdong-gu Seoul Metropolitan Government, Gangdong-do, Seoul, to the roadside ecological park shooting distance from the roadside ecological park.

Since there is a place where the center line of yellow-ray is installed and a crosswalk where signal lights are installed, in such a case, the driver of the motor vehicle has a duty of care to check whether there is a person who gets on a road by checking well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code, thereby preventing the accident in advance.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by taking the body side of the victim D (the south and the age of 32) who cross the crosswalk from the right side of the Defendant’s moving the crosswalk to the left side in accordance with the pedestrian signal by negligence in the course of duty, driving the center line by breaking the red stop signal.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as a sprinkball sponse, sponse sponse sponse, sponse sponse sp

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident prepared D;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Investigation report (on-site investigation and confirmation of images);

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

1. Article 3 (1), the proviso to Article 3 (2) 1, Article 3 (2) 2 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommendation [the determination of types] according to the sentencing criteria for traffic crimes: General traffic accidents [the category 1] causing traffic accidents (the special sentencing factor] and the mitigated factors:

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