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(영문) 서울동부지방법원 2020.11.13 2020고단2796
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 of K5 si.

On May 29, 2020, the defendant driving the above taxi around 04:50, and let the front road in Gwangjin-gu Seoul Special Metropolitan City turn to the left at the first-lane of the 4-lane between the Gun guard.

At the time, there was a new wall at that time, and there was an intersection where the color signal, etc. is installed, so a person engaged in driving a motor vehicle has a duty of care to properly operate the steering direction and brakes according to the signals, and to prevent accidents by operating the steering direction and brakes accurately.

Nevertheless, the Defendant neglected this and neglected to turn left as it is, instead of negligent negligence, received the E-motor bicycle of the victim D (ma, 32 years old) who was entering the intersection in accordance with the proceeding signals from the opposite side of the defendant's moving direction to the intersection.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the right-hand side of the 16 weeks high-ranking executives requiring treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident site photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the screen screen by cutting a black stuff image;

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. Article 62 (1) of the Criminal Act;

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

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. The circumstances under which the sentence is determined, and the age, environment, character and conduct of the defendant, motive for committing the crime, and means of committing the crime.

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