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(영문) 서울중앙지방법원 2020.09.24 2020고단3297
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 drives a enclosed 3 fluor vehicle in the fluor vehicle B.

On February 11, 2020, the Defendant driven the above cargo vehicle on the business line of 11:15, and turn to the right from the opposite side of the D parking lot, and caused serious injury to the victim E (n, 24 years old) who opened the crosswalk from the right side of the defendant's moving to the left side without returning to the left side in violation of the prohibition of left-hand turn, even though the above place is prohibited, by negligence, in violation of the prohibition of left-hand turn-hand turn-hand turn-hand, and by negligence, the victim E (n, 24 years old) who opened the crosswalk from the right side of the above cargo to the left side in accordance with the new subparagraph, was turned to the front part of the above cargo vehicle, and continued to go back to the ground, and suffered about 12 weeks or more medical treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police report on traffic accident report (1) (1) of the police report on the defendant's legal statement F of the defendant's statement, a diagnosis report on a traffic accident report, a photograph of the black stuff image, a vehicle photographic report (1) on the receipt of the case and the confirmation of the black stuff image), a criminal investigation report (3) and a statement of opinion;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

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

1. The crime of this case on the ground of sentencing in Article 62-2 of the Criminal Act is that the defendant's negligence of driving in violation of the signal, caused a serious injury requiring about 12 weeks medical treatment, and the crime of this case is very heavy in light of negligence and degree of damage, etc.

However, it is against the defendant's wrong recognition of his or her mistake, the fact that a sea vehicle is being insured by the Financial Cooperative, the fact that the victim paid KRW 30 million to the victim under the pretext of agreement, the fact that there is no power to commit the crime, and the defendant's age, environment, occupation, and occupation.

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