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(영문) 수원지방법원 2020.06.11 2020고단669

교통사고처리특례법위반(치상)

Text

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 who is engaged in driving of a DNA motor vehicle B.

On August 25, 2019, the Defendant driven the above vehicle at around 14:45 on August 25, 2019, driving a three-way distance front of the entrance of Gyeonggi Pyeong-gun C at the two-dimensional level in Seoul, and turn to the left at one-way level on the face of his identity.

There are three-distance crossings where signal lights are installed, so the person engaged in the driving of the motor vehicle has a duty of care to observe the signal and to safely drive the front, left and left well.

Nevertheless, the Defendant, by negligence in the left turn to the right turn on the straight signal in contravention of the signal, shocked the left part of the EMWK 1600GT of the victim D(the age of 47) driving on the right turn to the right-hand side in Seoul.

Ultimately, the Defendant suffered injury to the victim, such as the left-down 1 of the chest 1 that requires approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the person involved in the D traffic accident;

1. Egropics by a fact-finding survey report;

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

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

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

1. The defendant, with the reason of sentencing in Article 62-2 of the Criminal Act, suffered injury by the victim due to the shock of the victim's urbane due to the negligence of driving in violation of the same time signal three times even though he was punished for the same kind of crime.

In the event of the above accident, the defendant's negligence is large and the victim's injury is also serious.

In light of the punishment power of the defendant and the contents of the accident, it is necessary to place the defendant with severe punishment.

I would like to say.

However, the defendant committed the crime of this case.