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(영문) 서울중앙지방법원 2020.11.16 2020고단5809
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 the driving of a cargo vehicle B and III.

On August 3, 2020: (a) around 03:15, the Defendant driven the above cargo at the “slick road” intersection in front of the 310 (Slickdong) of the Gwanak-gu, Seoul Special Metropolitan City, and left to the left at Chume, the Defendant neglected to comply with the signal and to perform the duty of care to safely check the traffic conditions of front and rear left and left, thereby making a left turn to the red signal in violation of the signal.

As a result, the Defendant received the front part of the victim D (Nam, 23 years old) driving ECA1105 Orala, which had been proceeding with the intersection from the new disease control room to C, from the new disease control room, from the front part of the above cargo vehicle, and had the victim go beyond the road.

As a result, the Defendant suffered injury to the victim, such as slock, which requires medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report (1), (2);

1. Each written diagnosis (D);

1. Application of video CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of applicable sentences] (the determination of a sentence] traffic crime, general traffic accident, Type 1 (Death by Traffic Accidents), automobile comprehensive insurance policy, serious reflects (the general form of a person), and other cases falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the range of recommended sentences) [the scope of punishment] 4 months to 1 year (the grounds for suspending the execution of imprisonment without prison labor] and 5 years (the scope of applicable sentences], the defendant's age and comprehensive automobile insurance.

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