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(영문) 의정부지방법원 고양지원 2019.05.24 2019고단807
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 K5-car.

At around 12:00 on November 15, 2018, the Defendant continued to proceed from the C high side the intersection of children, which is located in the gold village 466-60, from the C high side.

At this point, there is a duty of care to prevent accidents in advance by driving safely, such as driving along the traffic signal to a person engaged in driving a motor vehicle according to the traffic signal, operating the brake and steering gear well by properly operating the brake and steering gear, etc.

Nevertheless, the Defendant neglected this and followed the FOba, which is driven by the victim E (year 32) to the right side of the vehicle of the Defendant, by the negligence that led to the red signal and proceeded to the right side of the vehicle of the Defendant.

As a result, the Defendant suffered injury, such as cutting the body of the fingers, which requires approximately ten weeks of medical treatment, to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. A report on investigation (to hear statements in the victim E-mail) and a report on investigation (to attach a signal tag to the child intersection);

1. A medical certificate;

1. Application of statutes on site photographs;

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. The occurrence of an accident due to a defendant's violation of the signalling reasons for sentencing under Article 62 (1) of the Criminal Act is heavy, and the degree of injury suffered by the victim is not easy;

On the other hand, the defendant is against the defendant's wrong recognition, and the victim has expressed his/her intention not to punish the defendant by mutual consent with the victim.

All elements of sentencing, such as the above circumstances and the defendant's age, character and behavior, environment, and circumstances after the crime, are shown in the argument of this case.

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