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(영문) 서울동부지방법원 2020.12.03 2020고단3154
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 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 radar car.

On July 2, 2020, the Defendant driven the above car on July 18:30, 2020, and led to a three-lane road in front of the entrance of the subway area No. 122 in Seongdong-gu, Seongdong-gu, Seoul, to proceed along one-lane from the surface of the sular distance to the boundary of the posts.

Since there is a place where a vehicle, a pedestrian signal apparatus, and a crosswalk are installed on the front door, there was a duty of care to prevent accidents in advance by driving the vehicle safely by safely driving the vehicle, such as by checking the front door and the left door, observing the signal, operating the brakes properly.

Nevertheless, the Defendant neglected to do so and even though the red light, which is a stop signal, continued to run in violation of it, caused the Defendant to go beyond the floor by putting the victim C(W, 30 years old) to the left side of the said vehicle on the front side of the said vehicle according to pedestrian signals.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a felling to the right-side executives in need of treatment for about 12 weeks.

Summary of Evidence

1. Application of the Defendant’s written diagnosis of the Defendant’s legal statement C, one of the two practical survey reports, and one of the statutes applicable to video CDs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. One month to five years of imprisonment without prison labor within a prison labor range;

2. Aggravation of the punishment according to the sentencing guidelines (the determination of types of traffic crimes) shall be limited to the number of general traffic accidents of category 1 (the injury resulting from traffic accidents): Where illegality in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is heavy;

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