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(영문) 의정부지방법원 고양지원 2019.01.24 2018고단3078
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 benz motor vehicles.

At around 16:00 on September 18, 2018, the Defendant driven the above vehicle, and turn to the left at a speed of about 40 km from the side of C School the front distance of the training site of the sexual harassment reserve forces at the speed of about 122, which is about 16:0 meters per hour.

Since there is an intersection where a signal is installed, there was a duty of care to prevent accidents in advance by driving safely in accordance with the new code.

Nevertheless, the defendant's fault that led to the left-hand turn to the right-hand turn even if the traffic signal was a straight-on signal was driven by the front part of the victim D (ma, 53 years old) driving cars, which was driven by the traffic signal in front of the defendant's driving vehicle.

As a result, the Defendant suffered injury to the victim, such as the escape of the left 14 weeks of treatment due to the above occupational negligence, and the escape of the front gate and the escape of the front gate.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Investigation report (victim D telephone communications);

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning black stay and video images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Application of the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act to the reasons for the suspended sentence [the scope of recommendation] general traffic accidents of category 1 (the injury of traffic accidents) and the scope of mitigation [the person subject to special mitigation] and the sentence not to punish (including serious efforts to recover damage): The defendant who shocked the damaged vehicle in violation of imprisonment without prison labor for 6 months and one year of suspended sentence and by negligence in the course of performing his duties.

The degree of injury suffered by the victim of this case is very important.

On December 2014, the Defendant caused a traffic accident by occupational negligence in violation of signal and sustained injury to the victim.

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