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(영문) 서울서부지방법원 2020.08.13 2020고단682
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

The defendant is a person who is engaged in driving of a 1 ton cargo vehicle B and C.

On 06:10 on 21. 202. 06:0, the Defendant driven the above cargo vehicle, and led to the left-hand turn at an irregular speed, depending on one lane from the ice ice west to C Hospital, at the intersection of the Hannam-ro three-lane in Yongsan-gu Seoul Metropolitan City.

At the time, there was a signal at night, and there was a signal at the front door, so the driver of the motor vehicle had a duty of care to live well on the front door and left door, and to prevent the accident in advance by driving the motor vehicle safely according to the traffic signal.

Nevertheless, the Defendant neglected this and received the front part of the E-wheeled Vehicle driving by the victim D (the age of 33) who was going to the right from the south Station by the negligence in violation of the signal, along with the right-hand turn-hand turn-hand turn-hand turn-hand turn-on on the left side of the cargo vehicle driven by the Defendant.

결국 피고인은 위와 같은 업무상의 과실로 피해자에게 약 8주간의 치료가 필요한 무릎뼈의 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The signal modernization;

1. Application of the relevant Acts and subordinate statutes to each medical certificate, diagnostic certificate, diagnostic certificate (scarcity), diagnostic imagecad;

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

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

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. A duty of care shall be exercised by shocking a victim who has been proceeding under the new subparagraph by making a decision of sentence left turn in violation of the signal;

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