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(영문) 의정부지방법원 고양지원 2020.05.13 2020고단459
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

except that 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 a car by borrowing B.

On December 1, 2019, the Defendant driven the said car on December 1, 2017:50, and continued to drive the said car at a speed of about 60km from the west Central Park, the intersection of the intersection of the Catho flum, which is 256, Cheongju-ro, Cheongju-si, at the speed of about 20km.

At the time, however, the passage of the view was the night, and the signal apparatus was installed in the above intersection.

Therefore, there was a duty of care to check whether a person engaged in driving service has a prior vehicle, etc. to the intersection and to drive a vehicle in accordance with the signals displayed by signal apparatus.

However, the Defendant neglected such duty of care and neglected to turn to the left, and received the front part of the C Driving D's D's D's D's D's D's D's D's C's D's D's D's D', which

The Defendant suffered, by its occupational negligence, the injury of the victim E (maekne, 45 years old) who was on board the said car with approximately 8 weeks’ medical treatment, such as “foreign cerebral cerebrovascular,” and the injury of the victim F (ma, 45 years old), who is the passenger of the said bus, to undergo approximately 2 weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each traffic accident report;

1. A report on the occurrence of a traffic accident and an accident site photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be limited to the ordinary traffic accident [the category 1], the injury (the special person concerned] mitigation element: the victim E shall not be punished;

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