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(영문) 의정부지방법원 고양지원 2019.02.20 2018고단3314
교통사고처리특례법위반(치상)
Text

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

except that the execution of the above punishment shall be suspended for two years 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 Party’s car.

On August 14, 2018, the Defendant came to turn to the left in the direction of C at the opposite bank of the gold village, at around 20:32, the third distance in front of the 55 shill station of the Priju-si.

At the time, since it is a night and an intersection with a signal apparatus installed, there was a duty of care to prevent accidents in advance by proceeding in accordance with the direction of signal apparatus to a person engaged in driving of a motor vehicle.

Nevertheless, despite the fact that there was a direct turn signal, the defendant's failure to enter the intersection, and caused the collision between the victim D(EB15 years old, south and 59 years old) driving in accordance with the direct turn signals on the opposite side of the defendant's vehicle, and the front part of the two-wheeled vehicle was the front part of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the escape of the left 14 weeks or more of the medical treatment, the combination of a chill and a non-gu, the right-hand frame, etc.

Summary of Evidence

1. Defendant's legal statement;

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

1. On-site photographs and caps of accident images;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] where the area of aggravation (eight to two years) of the first type of general traffic accident (eight to eight to two years) [the scope of Recommendation] [the scope of recommendation] the basic area (four to one year), the basic area (four to one year), the punishment not (including a special mitigation), the damage (including a serious effort to recover from a traffic accident), the occurrence of serious injury] the occurrence of a traffic accident in violation of signal (the decision of sentence] / The occurrence of a traffic accident in violation of signal, the degree of damage to the victim, the vehicle operated by the defendant as agreed with the victim, the vehicle is insured.

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