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(영문) 의정부지방법원 고양지원 2021.01.14 2020고단2756

교통사고처리특례법위반(치상)

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Defendant shall be punished by imprisonment without prison labor for four 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

On August 31, 2020, the Defendant, who is engaged in driving a W125 engine bicycle, was driving a bicycle for the above engine device around 19:00 on August 31, 2020, driving a motor bicycle for the front of D in C at a non-speed speed from the right edge to the right edge of the port to the intersection, and led to the internship.

At that time, the signal, etc. is installed, so a person engaged in driving service has a duty of care to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and received the front part of the FPLIM10 motor bicycle driving by the victim E ( South, 20 years old) who was working in the same direction as the Defendant by negligence while the Defendant neglected to stand in the front direction, and received the front part of the FPLIM10 motor bicycle driving by the Defendant.

Defendant 1 suffered injury to the victim, such as duplicating duplicating duplicatings that require approximately seven weeks of treatment due to such occupational negligence.

Summary of Evidence

1. The application of Acts and subordinate statutes to the police's statement report on traffic accident report to the defendant's legal statement E, report on the occurrence of traffic accident and diagnosis report on the occurrence of traffic accident;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [type 1] The ordinary traffic accident [type 1] the injury [including the person subject to special sentencing] caused by traffic accidents: The mitigated elements of punishment (including the area of recommendation and the scope of recommended punishment], the mitigated areas of punishment (including the advanced efforts to recover damage], and January through August of the credit cooperative;

2. The degree of occupational negligence determined by the sentence of sentence is significant, the degree of injury of the victim is not provided, and the traffic-related criminal records are several times, etc. are considered to be disadvantageous to the victim.