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(영문) 의정부지방법원 고양지원 2020.07.22 2020고단1572
교통사고처리특례법위반(치상)
Text

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

except that 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 freight B and B.

At around 08:50 on May 18, 2020, the Defendant driven the above cargo vehicle, and made the left turn to the left at the right angle of the 88-lane intersection from the direction of the Pungsan Station, Seoyang-gu, U.S. Simsan-do.

Since signals, etc. are installed at all places, the driver of the motor vehicle has a duty of care to prevent accidents in advance by making safe driving in accordance with signals displayed by signal, etc. by a person engaged in driving the motor vehicle.

The Defendant neglected such duty of care and received the front part of the victim C (Nam, 56 years old) driving, which was proceeding on the right side of the course from the right side of the signal to the right side of the signal apparatus, as the front part of the above-mentioned vehicle of the victim C(Seoul, 56 years old) who was proceeding on the left side of the signal apparatus.

The Defendant sustained injury to the victim by occupational negligence during approximately 12 weeks of medical treatment, including the alleys section at the bottom of the breath of the brusium.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to a survey report on actual condition, accident site, and vehicle photographic report (Submission of a diagnosis report by a victim), and a diagnosis report (the contents of telephone with the victim);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] and the injury (special person who is a person) caused by traffic accident: Reduction element of punishment not to impose punishment: Where serious injury occurs (the scope of recommendation area and recommendation range] basic area, four months through one year;

2. The defendant shows an attitude to recognize and reflect the criminal facts in light of the circumstances favorable to the decision of sentence.

Ga. of this case

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