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(영문) 의정부지방법원 고양지원 2019.11.27 2019고단2230

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 radar car.

On June 4, 2019, the Defendant driven the said car on June 21, 2019, while driving the said car, led to the driving of the front road in Soyang-gu C at the Goyangyang-gu Seoul along the two-lanes from the original side to the high-speed one-lane.

At all times, signal lights and crosswalks are installed, and pedestrians are highly likely to cross the road, so there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the left door and the right door, and accurately manipulating the steering system to prevent accidents.

Nevertheless, the defendant neglected this and proceeded without examining the right and the right and the right and the right and the body of the victim E (the age of 61) who crosses the road from the right-hand side of the defendant's proceeding to the left-hand side was received as the front part of the above car.

Ultimately, the Defendant suffered from a serious injury by the negligence of the above business, such as the NOS, etc., on the two external traumas in which there is no one in two open in need of medical treatment for about 20 weeks in which the right half and half are remaining.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographs of the accident site;

1. The application of each medical certificate, each opinion, and the Acts and subordinate statutes on investigation reporting;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

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

2. The range of recommendations according to the sentencing guidelines [the determination of types] the general traffic accident [the category 1] - The injury of a traffic accident [the special person] - The mitigation element: where the victim has gross negligence due to the occurrence of a traffic accident or the expansion of damage, the recommendation element where serious injury has occurred.