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(영문) 서울남부지방법원 2020.12.24 2020고단4286
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

On July 18, 2020, the Defendant, who is engaged in driving a rad vehicle B, was driving the above car on July 15, 2020, and was driving the light library of Gangseo-gu Seoul Gangseo-gu, Gangseo-gu, Seoul, which is located in 48-ro 62-gil, to turn to the left at the intersection of the village 110-lane, while driving the light library of Gangseo-gu, Gangseo-gu, Seoul.

At that time, the signal apparatus has been installed and the left-hand turn is allowed, so in such a case, the driver of the motor vehicle has a duty of care to safely proceed with the signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and entered the intersection beyond the stop line, and caused the victim to go beyond the floor due to occupational negligence, which led to the left-hand side of the road in the direction of the proceeding, by taking the body part of the victim C (ma, 75 years old) who walked along the crosswalk on the left-hand side of the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the lower body of the left-hand body and the upper body of the aggregate, which requires treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Report on a traffic accident, on-site photographs, closure photographs of a black stay, report on the occurrence of a traffic accident, and statement on the occurrence of a traffic accident (C);

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The degree of injury suffered by the victim is not weak, and the defendant did not reach an agreement with the victim;

A favorable circumstances: The defendant is a first offense without previous conviction, and the defendant recognizes and seriously reflects the crime of this case.

An accident vehicle.

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