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(영문) 서울남부지방법원 2020.08.11 2020고단634
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 driving a car B i30.

On October 30, 2019, the Defendant driven the above car at around 03:50 on October 30, 2019, and led the front road of the Dental located in Gangseo-gu Seoul Metropolitan Government to turn to the left at the E apartment bank, while driving the front road of the D Pharmacy located in Gangseo-gu Seoul Metropolitan Government along one-lanes of the Trost distance.

At the same time, there was a cross-section where the signal apparatus can turn to the left, so in such a case, there was a duty of care to safely observe the signal and safely turn to the left and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to stop, and instead left left without stopping the signal from the front side, and received the G motorcycle driven by the victim F (F, South and 27 years old) who was on the right side of the said car in the direction of the proceeding by negligence in the course of business, which was driven by the victim F (F, South and 27 years old).

Ultimately, the Defendant caused the injury to the victim F by occupational negligence to the victim F, which requires intensive rehabilitation treatment for about six (6) months after the opening of an emergency medical treatment, and the injury to the victim H (the victim, the passenger of the above motorcycle, and the age of 28), such as an injury to the victim H (the age of 28), which requires intensive rehabilitation treatment for the above six (6) months.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the video verification by this court;

1. Actual condition survey report, report on the occurrence of a traffic accident, and letter of traffic accident analysis;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the victim F is straightened at a rapid speed in violation of the stop signal while carrying his passengers on the off and off.

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