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(영문) 서울중앙지방법원 2021.01.22 2020고단8874
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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 vehicle BL125S.

On November 4, 2020, the Defendant driving the above vehicle around 17:05, and driving two lanes in front of Gwanak-gu in Seoul Special Metropolitan City along the two-lanes of the front of Gwanak-gu in Seoul Special Metropolitan City as a new disease control area from the remote distance protection area.

Since signal lights are installed at the front of that place, in such a case, there was a duty of care to prevent accidents in advance by driving safely in accordance with traffic signals to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to do so and immediately go beyond the red signal stop line and caused damage to the crosswalks near the crosswalks due to the negligence of violating the signal, and thus, did not cut off the crosswalks for pedestrians. Therefore, the Defendant rhym the facts charged.

From the right side of the defendant's proceeding to the left side of green pedestrian signals, the part on the left side of the victim D (the remaining, the age of 26) was received as the front part of the two-wheeled vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the side rupture in the left rupture, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. The defendant's legal statement, CD reproduction, and viewing that a traffic accident report of D in the occurrence of the traffic accident (the actual survey report);

1. Application of each written diagnosis to the investigation reporting Acts and subordinate statutes;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant's act of causing an accident to pedestrians on the part of the part of the defendant, in violation of the signal, is not less than the nature of the crime in light of the quantity of the occupational negligence caused by the accident, and the degree of injury to the victim, and the liability insurance is subscribed only to the liability insurance, and the previous drinking driving force of the case is two times

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