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(영문) 의정부지방법원 2021.03.29 2020고단5216

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 C rocketing car owned by Company B.

On February 21, 2020, the Defendant driven the above car at around 00:35, and proceeded along one lane with the three-lanes at the entrance of the Dong where the two-lanes of the two-lanes are set at the flow distance at the two-lanes.

At the time, since it is difficult to secure the view at night, there was a duty of care to prevent accidents in advance by driving safely by thoroughly operating the steering system and operating the steering system of the vehicle.

Nevertheless, the Defendant neglected this and tried to discover the height of crossing the road at the time of driving as it was due to negligence, and then avoid this late, and received a signal light pole installed on the opposite sidewalk as the front part of the said car.

After all, the Defendant suffered injury, such as the body frame, which requires approximately 16 weeks of medical treatment, from the victim E ( South, 18 years of age) who was on board the said car due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and an accident scene photograph;

1. Application of the legislation in its opinion;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (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 of the community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the types of general traffic accidents] and the absence of the person causing a traffic accident (the area of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommendation and the scope of the recommended punishment], four months to one year

3. Determination of sentence: Six months of imprisonment without prison labor, and two years of suspension of execution, the Defendant, while driving a motor vehicle at his/her own discretion, was faced with a signal, etc. and was seated on the chief lighting.