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(영문) 대전지방법원 천안지원 2020.05.13 2020고단210
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a driver's vehicle B-fashion.

On December 21, 2019, the Defendant driven the above car at around 07:20 on December 21, 2019, and led to the driving of the D cafeteria in the south-gu Seoul Special Metropolitan City to the front of the D cafeteria as the front of the D cafeteria as the front of the D cafeteria from the river basin in

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a right to drive the motor vehicle by reducing the speed and by properly examining the front side and the right and the right.

The Defendant neglected to do so and negligently proceeded on the crosswalk, and received the victim E (the age of 80) who crosses the crosswalk from the left side to the right side, as the front part of the said car.

As a result, the Defendant suffered injury, such as a felball, etc., by occupational negligence, to the victim, which requires approximately ten weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E (F);

1. A traffic accident report (1) (2) and a report on the occurrence of a traffic accident;

1. A investigation report (faf by cutting offCCTV images);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence shall be determined as the sentence in consideration of the traffic accident in which the defendant inflicts an injury on the victim crossinging the crosswalk and the degree of negligence is heavy, the degree of injury to the victim is heavy, the motor vehicle driven by the defendant is covered by a comprehensive insurance, the victim does not want the punishment of the defendant, the defendant recognizes the crime, and there is no record of criminal punishment, etc.;

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