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(영문) 서울동부지방법원 2019.09.02 2019고단923
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of a sprinkler car.

On February 17, 2019, the Defendant driven the said car around 18:00, and led the Olympic Park Salym in Songpa-gu Seoul to proceed to the direction of the Madmon distance from the direction of the Madon Samology, along five-lanes among six-lanes in letter.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by safely driving according to the traffic signal by reducing speed and keeping the front left well.

Nevertheless, the Defendant neglected this and neglected the cross-road signal to a yellow light, thereby leading up to the left side of the victim C (Nam, 43 years old) driving on the left side of the moving direction by failing to comply with the signal, which led to the change of the cross-road signal to the yellow light.

Accordingly, the Defendant suffered approximately 10 weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C's statement on the occurrence of traffic accidents;

1. Submissions of traffic accident analysis reports;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, 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 the recommended sentence according to the sentencing guidelines [the determination of types] the ordinary traffic accident [the category 1] the injury [the person who is a special person] - the mitigated element: In cases of the aggravation of punishment: In cases where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [the scope of the recommended area and the recommended punishment], the basic area of the imprisonment without prison labor for up to 4 months [the general person] - the mitigated element: the serious reflect factor - the aggravated factor is not serious injury.

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