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(영문) 의정부지방법원 고양지원 2020.05.28 2020고단535
교통사고처리특례법위반(치상)
Text

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

However, 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 the business of driving BM6 vehicles.

On January 7, 2020, the Defendant driven the above vehicle at the speed of 8:40, and driven the above vehicle at the speed of 858, the Defendant driven the front of the Goyang-si Park at the speed of 858, Seoyang-gu, Seoyang-si, Seoyang-si along three-lanes from the right edge to the mountain basin.

At this point, since the vehicle signal apparatus and crosswalk are installed, a person engaged in the driving duty of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code and prevent the accident from occurring.

Nevertheless, the Defendant did not stop on a stop line even after the vehicle signal apparatus was red, and was negligent in proceeding on the right side of the victim C (Weeeeeeeeeeeeee, 27) who was moving on the left side from the right side in accordance with pedestrian signals.

As a result, the Defendant suffered injury to the victim by negligence of the above business, such as the left-hand slives that require treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to a traffic accident report, report on the occurrence of a traffic accident, report on the scene of an accident, or to photograph a black image;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 1] there is no person causing a traffic accident (special person)] (the scope of recommendation field and recommendation range], the basic area of the recommendation range, and April through one year;

2. Circumstances disadvantageous to the determination of sentence: The defendant, by negligence, who was immediately advanced even though the defendant was a red signal, brought an injury to the victim for up to eight weeks by shocking the victim, by shocking the victim;

In this case.

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