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(영문) 의정부지방법원고양지원 2020.10.22 2020고단1963
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 a BM3 car.

On June 1, 2020, the Defendant driven the said car on June 1, 2025, and driven the said car along three-lanes from the boundary of the gold village to the Geumne Station of the 55-distance intersection at the Papju City.

In this case, the driver of the motor vehicle had a duty of care to live well on the right and the right and the right of the driver of the motor vehicle, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and went through as it was by negligence while the vehicle signal was red, and the victim C (54 years old) was driving a bicycle driving on the left side from the right side of the running direction of the mad Defendant vehicle, and received the front part of the madon vehicle.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as “a fluoral fluoral fluor,” which requires approximately 16 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written records, CDs, and diagnostic documents and regulations

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 scope of the recommended punishment according to the sentencing guidelines under Article 62(1) of the Criminal Act (Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)) of the Criminal Act (Article 62(1)(Article 62 of the Criminal Act provides that a victim does not want a punishment against the defendant from the investigation stage; Article 16(1) of the Criminal Code provides criminal agreement amount to 16 million won for the victim during the period of the investigation, and further damage, such as subsequent disability, etc., other than the damage in the judgment, seems not to occur

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