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(영문) 수원지방법원 안양지원 2020.04.23 2019고단2414
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 B Daz trucks.

On August 28, 2019, around 09:54, the Defendant driven the front distance of the Gu C Building from D to E along the two-lane road from D.

Since there is a cross-section where signal lights are installed, there was a duty of care to prevent accidents by driving a person engaged in driving a motor vehicle and driving the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and did not temporarily stop in the front-round red signal, and was the front wheel part of the bicycle driven by the victim F (V, 67 years old) who was driving directly from the direction of the Madern radio wave to the C building due to yellow domination signals, which was driven by the victim F (F, f7 years old).

As a result, the Defendant suffered a serious injury due to the above occupational negligence by the victim, which caused the victim to suffer from a serious injury, such as an external wound, which does not have any two wounds who need an open treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A statement prepared by H;

1. A traffic accident report;

1. A medical certificate;

1. On-site photographs and vehicle photographs, black boxes, and closures of CCTV images at crosssections;

1. CDs on the blackboxes and CCTV images at the intersection;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Extent of recommendations according to the sentencing guidelines [decision of types] traffic crimes, Type 1 (Bodily Harm resulting from Traffic Accidents): Reduction element of punishment: In cases where serious injury has occurred (the scope of recommendations and recommendations) basic area;

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