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(영문) 의정부지방법원 2019.06.11 2019고단260

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 one year 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 private taxi B.

On October 20, 2018, the Defendant driven the above vehicle at around 17:22, and got to turn to the left the left at the direction of the one-way Twit-ro 932-gil, Sincheon-si, Mancheon-ro, 119:00.

At the time, the signal is operated along the intersection in which the signal lights are installed, so there was a duty of care to temporarily stop in the front line in the intersection and safely check the front line in the front line in order to prevent the accident in advance.

Nevertheless, the Defendant neglected this and went to the left by the negligence of failing to turn to the left in contravention of the signal, and brought a dynamic car for the disabled who was on board the victim C (79 years of age, female) who was going to turn to the right to the right to the right of the said taxi in the direction of yellow extinguishment, etc.

As a result, the Defendant suffered injury to the victim, such as a pelle electronic pelle, etc., which requires approximately six weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. Application of the legislation in its opinion;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. The fact that the sentencing decision is not good for the crime of this case, that the defendant again commits the crime of this case even though he had the same criminal record, and that the defendant agrees with the victim.