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(영문) 의정부지방법원 2019.10.29 2019고단2064
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 driving a car by borrowing B.

On March 8, 2019, the Defendant driven the above car on March 14:25, 2019, and proceeded to turn to the left at a speed of 40km per hour in the direction of the entrance of the village at the Guri-si.

There are three-distance crossings where signal lights are installed, and there are two-way lanes along the upper left side of the vehicle driving direction of the defendant, so the driver of the vehicle has a duty of care to reduce the speed and thoroughly the front side of the road, to check whether there is a vehicle entering the above three-distance from the above side road to the upper side of the road, and to safely drive the vehicle according to the traffic signal to prevent the accident from spreading.

Nevertheless, even though the signal at the front side is changed to a yellow signal from the front line to the left, the defendant neglected this, and caused the above victim to go beyond the road by his fault without reducing the speed to turn to the left, and due to the negligence that the victim DD 125 motor bicycle driving from the front side of the defendant's driving direction to enter the above intersection from the front side of the right side of the road to the above intersection.

Ultimately, the Defendant suffered approximately 12 weeks of pulverization of the lower-ranking executives in need of treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Signal frequency table;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types) shall be limited to traffic crimes;

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