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(영문) 의정부지방법원 2020.09.22 2020고단3218
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 of Bone Star Co., Ltd.

On December 23, 2019, the Defendant driven the above van on the 11:00 on December 23, 2019, and led to the left turn to the left at the direction of the D Hospital from the direction of the street of the Gyeonggi-do Government.

Since there is a three-distance intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to those engaged in driving service.

Nevertheless, the Defendant neglected this and neglected to turn left at the right time while he violated a green straight signal, and thereby, took the F.O. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F., etc. of the victim E(E., 48 years old) in front of his driving

Ultimately, the Defendant suffered injury to the victim, such as a chill of the mouth, which requires approximately 16 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the field and vehicle photographs of the E's report on traffic accidents, the actual condition survey report (E);

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. Considering the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act is a superior position and the degree of violation of duty of care is serious, strict punishment against the defendant is needed.

However, considering the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim, the defendant is the first offender who has no criminal record, and the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the sentencing conditions specified in the arguments of this case.

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