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(영문) 의정부지방법원 고양지원 2019.05.16 2019고단700

교통사고처리특례법위반(치상)

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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 who is engaged in driving a vehicle B.

At around 07:30 on February 11, 2019, the Defendant continued the front road D, located in C, from the apartment side, to the F apartment.

Since there was an intersection where a signal, etc. is installed, the driver had a duty of care to safely drive the driver in accordance with the signals by reducing the speed and by checking well the right and the right of the driver.

Nevertheless, the Defendant neglected this and received the left-hand part of the H Poter truck's driver's seat-hand part, which was driven by the victim G (year 42) who was driven by the Defendant due to negligence while disregarding that the vehicle progress signal is changed to a stop signal.

As a result, the Defendant caused the victim to suffer injury, such as mination of the left-hand pelle lavers, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A traffic accident report;

1. On-site CCTV images;

1. Application of Acts and subordinate statutes to medical certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Application of the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence [the sentencing guidelines] shall be applied [the category 1] traffic accident injury [the special sentencing factor], the mitigated element of punishment (including a serious effort to recover damage], the mitigated range of punishment [the scope of recommendation and recommendation], and the decision of sentence for January through August: the defendant who has sufficient damage vehicle in violation of one year of suspended sentence in six months is on duty and is negligent in the defendant who has sufficient damage vehicle in violation of one year of suspended sentence.

The degree of injury suffered by the victim is also very serious.

However, the Defendant recognized the instant crime and reflected his mistake.

The victim has been fully agreed with the victim, and accordingly, the victim.