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(영문) 수원지방법원안양지원 2020.10.30 2020고단1271

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 B-Wood vehicle.

On May 7, 2020, the defendant, around 14:05, driven the 7-lane road in front of the intersection of the new engineer distance according to the old border water in Ansan-si, from the direction of the mountain direction, 3-lanes in the direction of the stable distance in the direction of the mountain direction.

At the same time, the signal has been installed in each direction, so all drivers of vehicles have the duty of care to drive safely in accordance with their name.

Nevertheless, the Defendant neglected this and failed to go on the left side of the motor bicycle in the direction of the Defendant’s vehicle heading in the direction of the D Middle School to drive the crosswalk in the direction of the D Middle School in the direction of the D Middle School. The Defendant received the f mpX125 motorcycle left side of the driving of the victim E(E, 33 years old) who driven the crosswalk in the direction of D Middle School.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the alley of the left-hand le executives who need approximately 16 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. On-site photographs, CCTV image data, etc.;

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. 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 the recommended sentence according to the sentencing guidelines: One to eight months (decision of type) of traffic accidents in general shall be [Type 1] of traffic accidents in the event that there is considerable negligence in the occurrence of traffic accidents or the expansion of damage even for the victims, in the event that there is a substantial fault in the occurrence of traffic accidents or the expansion of damage, not subject to punishment (including efforts to recover damage), [including the recommended area and the scope of recommended punishment] of special mitigation areas, and January through August 3 of the credit cooperative.