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(영문) 전주지방법원 2020.08.12 2020고단533
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for three 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 car in a SP area B.

On December 21, 2019, the Defendant driven the above car on December 21, 2011:45, and led to a road of one-lane in front of the D Elementary School C located in the Jeonbuk-gun, Jeonbuk-gun.

Since there is a stop line where traffic is controlled by the on-and-off signal of a red light, the driver of the motor vehicle has a duty of care to prevent accidents in advance by temporarily stopping in the stop line before entering the intersection, and by checking whether there are other motor vehicles entering the intersection, and by checking whether there are other motor vehicles entering the intersection.

Nevertheless, the Defendant neglected this and proceeded without temporarily stop on the stop line before entering the intersection, and the Defendant’s negligence led to an accident of collision between the two parts of the victim E (the 63-year-old driver’s license)’s left side and the front part of the Defendant’s license on the driving of the FV driver’s license, which are left to the port from the right side of the running direction of the said SV car.

(At that time, the victim also entered the above intersection without temporarily suspending the red light signal despite the warning signal. The defendant suffered by negligence on the part of the defendant, which caused injury to the victim, such as at least 10 weeks of treatment on the left-side side of the chill and the reduction in the chill in the chill.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual condition survey report;

1. A medical certificate;

1. Application of statutes on field 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be the ordinary traffic accident [the category 1] caused by traffic accident (the person who is a special person].

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