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(영문) 서울북부지방법원 2020.02.18 2019고단5387
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 of B Poter cargo vehicles.

On November 21, 2019, the Defendant driven the above cargo vehicle on November 21, 2012:42, while driving the 517-lane in Dobong-gu Seoul, Dobong-gu, Seoul, and driving the 5-lane road along the distance of the public health clinic from the two sides to the distance of the public health clinic.

Since there is an intersection where signal lights are installed, the defendant engaged in driving of the motor vehicle has a duty of care to thoroughly see the front hour and safely drive the signal.

Nevertheless, the defendant neglected this and caused the driver's d'(45 years old) driving by the victim C (45 years old) driving on the right side from the left side of the direction of the defendant's course by the negligence of driving in violation of the signal, beyond the part above the left side of the above cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as brain salvins, which requires approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The report on traffic accidents, the actual condition survey report (1), and (2);

1. A medical certificate;

1. Application of statutes on the site and vehicle photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the basic area (four months to one year) of the first type of general traffic accident (the injury resulting from traffic accident) (the special person).

2. In violation of the signal, the Defendant caused a traffic accident by negligence during the course of entering the intersection and thereby resulting in injury requiring about six weeks of medical treatment to the victim. The Defendant was grossly negligent by the Defendant, and the result is severe, and the Defendant did not receive a letter from the victim, and the Defendant did not receive a letter twice.

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