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(영문) 의정부지방법원 고양지원 2020.02.06 2019고단3255

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 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 BM5 car.

On September 20, 2019, the Defendant driven the said car on September 20, 2019, and led to the driving of a private distance near C in the Gyeonggi-si, Seoul, along the three-lanes between the four-lanes of the area of the town at the Dong-dong, Seoul.

At the time, there is a shooting range in which the signal crossings a main road is installed, so in such a case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by putting the steering gear and brakes accurately and manipulating the steering gear and brakes according to the traffic condition in the location of the traffic signal while driving the motor vehicle.

Nevertheless, the defendant neglected this and failed to proceed as it is while the signal of the front side is red, and the left side part of the victim F.F.(58 years of age) who is proceeding with green signal according to four-lanes of the left-hand side of the E-high school room in the right-hand side of the direction of the defendant's proceeding from the 4-lanes of the north-hand side of the E-high school is received as the front side of the above car.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the Second Declaration, which requires approximately eight weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Reports on the occurrence of a traffic accident;

1. The actual condition survey report;

1. On-site photographs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

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

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

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range], basic area, April through one year without prison labor.

3. The defendant who has rendered a sentence shall pass at the intersection;