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(영문) 수원지방법원 안양지원 2020.05.28 2020고단314
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 KS7 car.

On November 28, 2019, the Defendant got to proceed bypassing the public road of 296, which is located at the right angle of the city of Ansan-si, from the right parallel to the nives circle, along the three-lanes from the right parallel.

Since there is a crosswalk where a traffic signal is installed, there was a duty of care to prevent accidents after checking whether a person engaged in driving of a motor vehicle is a person driving the motor vehicle in compliance with the traffic signal and whether he/she is a person crossing the road by checking well the front side of the road.

Nevertheless, the Defendant neglected to do so and did not properly confirm the traffic signal while being red, and instead carried it in front of the said K7 car by negligence in the course of business, which is the front part of the said K7 car, which is the front part of the said K7 car, and, from the right side of the running direction of the said K7 car, the Defendant got the bicycle crossing along the bicycle crossing, and got the bicycle left part of the bicycle driven by the victim C (n. 31 years old) to go beyond the road.

Ultimately, the Defendant suffered injury, such as “slateral slicking on the left side,” which requires approximately 14 weeks of treatment to the victim through occupational negligence driving in violation of the above signals.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Medical certificate, medical statement (whether serious injury is involved);

1. The CD;

1. Application of field photographs, suspect photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, 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;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The scope of the recommended sentence according to the sentencing guidelines (the determination of types) shall be limited to traffic crimes, Type I (the injury resulting from traffic accidents).

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