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(영문) 의정부지방법원 2020.06.17 2019고단5377
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a dump truck.

At around 09:00 on August 5, 2019, the Defendant was driving in the direction of the right side of the large-scale 1 lane of the large-scale Mali-si in both sides.

Since there is an intersection where a signal, etc. is installed, a person driving at this place has the duty of care to prevent accidents in advance by driving safely according to the traffic signal.

Nevertheless, the defendant neglected this and caused the damage to the left from the right side of the defendant's vehicle due to negligence in contravention of the red signal, which caused the damage to the left by the victim C (the age of 67) driving in light of the light direction from the right side of the vehicle of the defendant, to the front part of the truck vehicle of the defendant.

As a result, the Defendant suffered injury to the victim, such as light lave weeks of treatment due to occupational negligence, such as light lave weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Legal provisions applicable to the facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and grounds for sentencing under Article 268 of the Criminal Act;

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

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. Determination of sentence: A credit cooperative in June, a credit cooperative, caused a serious injury to the victim by shocking the damaged vehicle by negligence that is straight through the intersection in violation of the signal and thus requiring approximately 12 weeks of treatment;

In particular, the defendant, who is driving a dump truck, violated the most fundamental duty of care that should be driven in accordance with the new code even though he/she has exercised his/her own duty of care on the road.

In this case.

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