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(영문) 서울북부지방법원 2019.09.05 2019고단2653
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 service B Q125cc.

At around 01:10 on May 20, 2019, the Defendant driven the above Oralba, and turned to the left at a speed below the speed of the speed of the city, from the right edge of Seongbuk-gu Seoul, the two-lanes in front of Seongbuk-gu Seoul Metropolitan Government.

At this point, there is a signal device emitting only green, yellow and red three-dimensional lights, and there is no non-protective left-hand turn, so in this case, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and safely drive the motor vehicle in accordance with the signals and prevent accidents in advance by safely driving the motor vehicle in accordance with the signals.

Nevertheless, the defendant neglected this and received the front part of the EW WW125cc 125cc U. S. 125cc, which is driven by the victim D, who was under way in the opposite direction of the defendant according to the progress signal by negligence in violation of the signal, from the right side of the U.S. driving by the defendant.

As a result, the Defendant suffered injury to the victim, such as double-water cutting the body of the body of the victim, which requires approximately nine weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (Attachment of photographs of the accident scene);

1. A traffic accident report;

1. Application of Acts and subordinate statutes, such as a written diagnosis of D (12 pages of investigation records);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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 scope of the recommended sentence] general traffic accident category I (the injury resulting from traffic accident) (one month to eight months) (including special mitigation) and the area of mitigation (including serious efforts to recover damage);

2. The defendant who has rendered a sentence shall negligently turn to the left, in violation of the signal, in order to enter one-way way in which entry is prohibited;

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