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(영문) 의정부지방법원 고양지원 2019.02.21 2019고단108
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of B2 tons, coolings, and trucks.

On November 17, 2018, the Defendant driven the above truck on a 09:40 square meters, and proceeded to turn to the left from the middle parallel of the five-lane road of the shooting distance of the Mangsan Hospital of the East National University located in the 2-1st day of the Gyeonggi-gu, Mangsan-si, Gyeonggi-do.

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

Nevertheless, while the Defendant neglected this and neglected to turn to the left in violation of this, the part of the two-wheeled vehicle driving by the injured party C (Nam, 43 years old) who was directly in accordance with the new code in the direction of the driving of the Defendant was shocked into the front part of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence as above, such as cutting a bridge, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. An accident site photograph;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

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

2. Scope of the recommended sentence according to the sentencing guidelines [the determination of types] of traffic accidents in general traffic accidents [the category 1] and the factors to mitigate the bodily injury (the specially sponed person] of traffic accidents: Reduction area of punishment (including efforts to recover the damage), reduction area (including the recommended area and recommendation range), reduction area, and January through August of the credit cooperative;

3. The defendant, while making a left turn in violation of the direct-hand signal sent by a defendant for six months (two years of suspension of execution of sentence), shall turn off the victim's wheels vehicle to the right by collision;

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