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(영문) 청주지방법원 2021.02.09 2020고단2175
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of B rocketing vehicles.

On August 29, 2020, around 00:40, the Defendant proceeded at a speed of about 30 km from D to the spam sprinking side of letter 3:00 square meters in front of Cheongju-si, Seoul.

At the time of night, the surface was milked as it was getting off. At this point, there was a crosswalk where signal lights are installed, so it was confirmed whether a person engaged in driving of a motor vehicle is a person to reduce the speed and to see it well, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and followed the victim E (the remaining, 25 years old) who passed the crosswalk from the left side of the direction of the Defendant vehicle to the right side of the crosswalk, due to the negligence of proceeding, even though the vehicle signal was stopped, and due to the failure of the Defendant to stop, followed the victim E (the remaining, 25 years old) in front of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim from an occupational negligence, i.e., an injury to the victim, such as an external flag, in which there is no one within 12 weeks of open medical treatment.

Summary of Evidence

1. Statement F of the defendant in court;

1. Application of Acts and subordinate statutes of Chapter 5 to photographs by cutting off on-site photographs and images of an accident report on a survey report;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act in the suspension of execution causes a traffic accident that causes damage to a victim by violating the signal and resulting in serious injury to the victim, the liability for the crime is not easy, but the defendant's failure to repeat the crime of this case is recognized, and the accident vehicle is insured by the G Mutual Aid Association, and the defendant is indicted.

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