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(영문) 서울동부지방법원 2020.04.09 2020고단196

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four months.

except that 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 passenger car Benz S350.

On September 2, 2019, the Defendant driven the above vehicle around 19:35, and proceeded with the front road of Songpa-gu Seoul Metropolitan Government C at the locked basin, as D, at the locked basin, at a two-lane speed, along the two-lanes.

At the time, it is the intersection where the signal lights and crosswalks are installed. In such a case, the person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected to stop the vehicle signal on the front side without stopping, and proceeded with the signal in contravention of the signal, while the Defendant did not find the victim E (Nam, 67 years old) who dried the crosswalk according to the pedestrian signal at the front section of the Defendant at the bend, and caused the victim to go beyond the road by shocking the front part of the left side of the Defendant’s vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as the mouth of the left-hand gate, which requires approximately 14 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 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 reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. One month to five years of imprisonment without prison labor within a prison labor range;

2. Reduction elements (the person causing a traffic accident) of the first category (the person causing a special appearance) of traffic accident according to the sentencing guidelines: Reduction areas of punishment not exceeding the amount of punishment (the scope of recommendation) mitigated: Not more than eight months;

3. Sentence;