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(영문) 서울동부지방법원 2021.03.18 2021고단59

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of 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-learning car.

On December 8, 2020, the Defendant driven the above car at around 12:04, and proceeded along one lane in the direction of the village distance, which set up the front road of Gangdong-gu Seoul, Seoul at the intersection of the Southern Twit of the Olympic Games, along the direction of the five lanes.

Since there is an intersection where a signal, etc. is installed, it is necessary to check whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing the speed and checking well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to discover the victim D (the 70-year old) who was riding a bicycle on the crosswalk from the right side of the road to the left side, and did not find the victim D (the 70-year old) who was driving a bicycle on the crosswalk, even though the electric light signal was changed to the stop signal, and did not go beyond the floor by shocking the front side of the bicycle on the right side of the Defendant’s car.

After all, the Defendant suffered from the Defendant’s occupational negligence such as the need to give approximately eight weeks of medical treatment, and the dives of alleys.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on medical records, such as a traffic accident investigation report, a traffic accident investigation report, a next investigation report, and medical records;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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

2. The scope of the recommended punishment according to the sentencing guidelines [the type of traffic crime] shall be limited to the ordinary traffic accident [the type 1] bodily injury [the person subject to special sentencing] - The factors subject to mitigation: the person not subject to punishment (the person subject to serious efforts to recover damage].