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(영문) 서울동부지방법원 2019.05.13 2018고단3958
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 the business of driving a small-scale taxi owned by B Co., Ltd.

On November 9, 2018, at around 09:10, the Defendant had three-lane roads in front of Seongdong-gu Seoul Metropolitan Government (D), along three-lanes, move to be set up on the surface of posts on the surface of gender investigative distance.

At the same time, there are three-distance crossings where signal lights are installed, so in such cases, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle traveling along the intersection by reducing the speed and checking well the front side, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this, while proceeding in violation of the signal even though the vehicle signal was a stop signal, and the victim E (the aged 42) who passed the turn turn from the right side of the defendant's proceeding to the left turn in accordance with the new code was driving by the victim E (the aged 42) beyond the front part of the vehicle's right side.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the above victim, such as the pressure frame No. 2, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. Application of the laws and regulations on de facto survey reports, black boxes video CDs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general traffic accident [Class 1] There is no person causing a traffic accident [the scope of recommendations and recommendations] [the scope of recommendations] basic area, April to one year [the general person] mitigation element: the comprehensive motor vehicle insurance;

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