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(영문) 서울북부지방법원 2020.08.13 2020고단847

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 engaging in driving a rocketing car.

On October 25, 2019, the Defendant driven the above car on October 15, 2015, and driven the front road in Gwangjin-gu Seoul Special Metropolitan City at the direction of the entrance zone to the children's large-scale park, one lane out of the three-lanes of the two-lane.

Since there is a place where a signal is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant received two-wheeled vehicles from the right-hand side of the victim D (the age of 21) crossing the crosswalk from the right-hand side of the proceeding direction to the left-hand side by negligence, even though the front-side vehicle signal is red, and caused the victim to go beyond the floor, thereby causing the victim to suffer bodily injury, such as the left-hand thalle of the light-class executive in need of treatment for 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Report of traffic accident report on D's police statement;

1. Application of Acts and subordinate statutes concerning CDs (accident images);

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. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. is the first offender, and there is no traffic offense or traffic accident after obtaining the driver's license in 196.

In consideration of the fact that the victim's damage is considerable but the motor vehicle is covered by the above accident, the punishment shall be determined as per the order.