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(영문) 대구지방법원 김천지원 2021.02.04 2020고단1292
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 a period of 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 a BM5 car.

On April 27, 2020, the Defendant driven the said car at the front of the Seoul Special Metropolitan City City C at the Gosi-si Intersection on April 16, 2020 and continued to pass the car at the seat of the D market.

The driver of a vehicle has a duty of care to prevent accidents by driving the signal apparatus safely in accordance with the traffic signals.

Nevertheless, the defendant neglected this and caused the victim E (the remaining and the age of 68) to be the front part of the defendant's car, who gets a bicycle on the left side of the defendant's running direction by negligence in violation of the signal while the vehicle signal, etc. in the intersection is red.

As a result, the Defendant suffered injury, such as an injury on credit with no open wound within the scarlet that requires approximately four weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to report on the occurrence of a traffic accident by a defendant's statutory statement, report on the scene of the accident, investigation report on the actual condition of the traffic accident, on-site inspection report, and on-site inspection report on the investigation report

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. Scope of the recommended punishment according to the sentencing guidelines [type 1] The ordinary traffic accident [type 1] the injury (special sentencing factors] caused by traffic accidents: Where the victim has a substantial negligence in the occurrence of traffic accidents or the expansion of damage [the scope of the recommended punishment and the scope of the recommended punishment], the area of mitigation of the punishment, and January through August of the credit cooperative.

3. The decision of sentence shall contain a violation of signal by the defendant;

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