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(영문) 서울북부지방법원 2020.01.09 2019고단4945
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obane.

At around 20:30 on October 2, 2019, the Defendant driven the above Oba, leading the D intersection in front of Seoul Special Metropolitan City, Nowon-gu, to the rolling stock station from the lower direction.

At the time, it was night and rained, and the front intersection was installed with signal lights and crosswalks, so there was a duty of care to prevent accidents in advance by safely driving a motor vehicle by complying with the signal signals to those engaged in driving of the motor vehicle, looking well at its surroundings, temporarily stopping in front of the crosswalk, etc.

Nevertheless, the Defendant, in violation of the former signal, entered the said intersection and did not take measures such as temporary suspension in front of the crosswalk installed immediately after the passage through the intersection, and by negligence, discovered the victim E (the age of 29) who opened the road from the right side of the Defendant’s proceeding to the left side of the crosswalk along the crosswalk according to the direction of the Defendant’s proceeding, and immediately proceeded with it. However, the Defendant was unable to avoid the situation and received the above lebane.

The Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim due to a closed external wound, which requires treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report (verification of standard signal control database);

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendation (the scope of recommendation) according to the sentencing guidelines shall be limited to the case where illegality in the aggravated area (eight months to two years) of the category 1 of general traffic accidents (the injury resulting from traffic accidents) (excluding the case of special persons) (excluding the case of 8) of Article 3 (2) (proviso) of the Special School Education Act is serious; or

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