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(영문) 의정부지방법원 고양지원 2019.03.15 2019고단136

교통사고처리특례법위반(치상)

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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 engaging in driving motor vehicles B.

On January 4, 2019, the Defendant driven the above motor vehicle at around 20:30, and proceeded to turn to the right at the port of Silsan-do, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 682, the 3rd line road of Silsan-do, the 3rd line of Silsan-do.

Since there is a three-distance where signal lights are installed, a person engaged in driving business has a duty of care to prevent accidents in advance by driving safely in accordance with the new code.

Nevertheless, the defendant neglected this and entered the left-hand turn to a stop signal in violation of the signal, and brought the front part of the victim C (ma, 39 years old) driver's driving, who was directly engaged in under the new subparagraph, into the front part of the Defendant's driving.

After all, the Defendant suffered injury, such as T1 and T12 pressure frame, which require approximately 12 weeks of treatment to the victim through occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

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

1. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 1] there is no person causing a traffic accident (special person)] (the scope of recommendation field and recommendation range], the basic area of the recommendation range, and April through one year;

2. The Defendant’s negligence in relation to the occurrence of the instant accident and the degree of injury inflicted on the victim is disadvantageous to the Defendant.

On the other hand, the defendant recognized the crime of this case and reflected his mistake, and was punished for the same crime.