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(영문) 의정부지방법원고양지원 2020.12.10 2020고단2530
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:00 on July 15, 2020, the Defendant, who is engaged in driving the car B, operated the said car, and continued to drive the road of the fourth-lane in front of the intersection 289-2 in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 289-2, along three-lanes from the emulbbbs.

Since there is a place where traffic is controlled by signal apparatus, in such a case, the driver had a duty of care to prevent accidents by driving safely in accordance with the signals in advance.

Although the Defendant neglected the duty of care as above and changed the signal on the front side to a red signal, the Defendant shocked the front part of the D-wheeled Vehicle driven by the victim C (Nam, 66 years old) who was left left to the left at the right turn from the opposite direction due to the bad negligence, and met the front part of the D-wheeled Vehicle to the front part of the Defendant’s car.

피고인은 위와 같은 업무상 과실로 위 피해자에게 약 12주간의 치료가 필요한 우측 전완 자뼈몸통의 개방성 골절과 노뼈몸통의 골절상을 입게 하였다.

Summary of Evidence

1. Application of Acts and subordinate statutes to the written statement prepared by Defendant C’s legal statement, the actual traffic accident investigation report and the diagnosis report on the occurrence of traffic accidents;

1. Relevant legal provisions of the relevant criminal facts and the applicable provisions of the indictment under Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Selection of Sentence 1 are written as "No. 11", but it is apparent that in light of the content and evidence of the facts charged,

Article 268 of the Criminal Act

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

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

1. Extent of recommendation [decision of type] according to the sentencing criteria for traffic crimes: General traffic accident [Class 1] causing traffic accidents (special-speed person] and the mitigated element of punishment (including serious efforts to recover damage): source of punishment (including the area of recommendation and the scope of recommendation];

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