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(영문) 의정부지방법원 2020.04.21 2019고단5678
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The Defendant is a person who is engaged in driving a rocketing car.

On October 15, 2019, the Defendant driven the above car on a 12:35-round 12:35, and led the front road of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of

Since a crosswalk has a signal apparatus installed at that place, in such a case, a person engaged in driving service has a duty of care to check whether there is a person who gets on the way to reduce the speed and to check well the front left, and to drive safely according to the signals of signal apparatus.

Nevertheless, the defendant neglected this and caused the victim D, who was crossing the pedestrian crossing from the right side of the defendant's course to the left side of the road due to the occupational negligence of the defendant's course, which led to the victim's 12-day treatment of approximately 12 weeks, due to the shock of the victim D (the age of 33) to the front part of the right part of the above car.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A medical certificate (D);

1. cads of witness vehicles creambles;

1. Application of the Acts and subordinate statutes to cover a map of the accident site, a photo of the accident site, and a photographic image of a witness vehicle;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

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. Aggravation of the recommended punishment according to the sentencing guidelines [the range of punishment [the range of punishment] of the ordinary traffic accident [the category 1] of the bodily injury [the special sentencing person] of the traffic accident: The aggravated element of the punishment (including serious efforts to recover the damage): In the case of serious illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, or in the case of dyscopic driving [the recommended area and the scope of recommendation]; the basic area.

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