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(영문) 서울중앙지방법원 2020.03.27 2019고단7538
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 the W125 motorcycle driving duty.

On September 1, 2019, the Defendant driven the above motorcycle on September 16, 2016, and proceeded at a speed of about 45 km from the back of the intersection to the intersection of the hospital shooting distance of 604-lane at the city of Gangnam-gu Seoul, Seo-gu, Seoul.

Since there is an intersection where signal, etc. is installed on the front side, it is necessary to confirm whether a person engaged in driving a motor bicycle is a vehicle or a crosswalk passing through the intersection by reducing speed and checking well the right and the right and the right of the road, and there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal.

Nevertheless, although the defendant neglected this and instead changed the direction signal to the stop signal, he proceeded straight ahead of the signal on the left-hand turn on the front line, and the part of the bridge of the victim C and D (the age of 41) who cross the crosswalk from the right-hand side of the crosswalk to the left-hand side according to the pedestrian signals was shocked by the defendant's motorcycle.

As a result, the Defendant suffered injury, such as cutting the frame of the Bridge, which requires approximately eight weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A traffic accident report (1) (2);

1. Statement on the occurrence of each traffic accident;

1. Each photograph, each internal report, and medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be the injury of traffic accidents in general.

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