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(영문) 서울북부지방법원 2017.12.21 2017고단4777
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 wing and cargo vehicle B.

On September 9, 2017, the Defendant driven the above cargo vehicle around 07:00, while driving it at a private distance in front of the exit 1 in the Dobong-ro 851, Dobong-gu Seoul, Dobong-gu, Seoul, and driving the 3-lane between the 4-lane and the 4-lane between the Do governor and the Do governor.

However, since it is an intersection where signal apparatus is installed, there was a duty of care to reduce speed and drive safely according to signals.

Nevertheless, the Defendant, while entering the intersection without disregarding the stop signal, was unable to avoid the Daobba of the victim C(32 32) to turn to the left in accordance with the new code in the direction opposite to the direction of the passage, and received the front part of the Obaba in the front part of the wing and the cargo vehicle operated by the Defendant.

As a result, the Defendant suffered from the victim’s occupational negligence as above, “the 12 weeks of abandonment in the margin,” which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Application of Acts and subordinate statutes to the actual survey report;

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 the selection of imprisonment without prison labor;

1. The negligence of a defendant who caused a traffic accident due to a violation of signalling the reason for sentencing under Article 62(1) of the Criminal Act, and the degree of injury of the victim is not somewhat weak;

However, there is no record of crime except once a fine due to interference with the performance of official duties, and the fact that there is agreement with the victim, the scope of the sentencing guidelines for traffic crimes (one month to eight months) and the standards for the suspension of execution, etc. shall be considered and the punishment is determined as set forth in the order.

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