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(영문) 의정부지방법원 고양지원 2021.02.04 2020고단2557
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 22, 2020, the Defendant, who is engaged in driving BINI Cooper’s car, was driving along the two-lanes of the four-lanes between the four-lane roads in the direction of the Busan Western Western Police Station in the direction of sending the intersection of the shooting distance in front of D elementary schools located in Seo-gu, Busan at the ancient city around May 15:10, 2020.

At all times, the signal lights and crosswalks are installed, and there is a child protection zone around elementary school with a speed of 30km or more, and thus, the defendant who is engaged in driving a motor vehicle has a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation

Nevertheless, the Defendant neglected to drive the vehicle as above while changing the front signal to yellow signal, but neglected to do so and proceeded at a speed of about 69 km, and caused the Defendant’s failure to reach the intersection in violation of the signal at the left side of the Defendant’s moving direction, thereby finding the FCA 110B of the victim E (ma, male and age 43) driving who entered the intersection late, and without avoiding it, received the part of the right side of the Defendant’s front part of the vehicle, and received the above part of the part on the right side of the Defendant’s front part.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, i.e., double alleys requiring approximately 14 weeks of medical treatment, and alleys of the mouth.

Summary of Evidence

1. Application of the examination document of the defendant's legal statement and the examination document (47 pages of investigation records) to the video-related Acts and subordinate statutes involved in accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to attend lectures and orders to provide community service;

1. The scope of the recommended punishment according to the sentencing guidelines [the type of traffic crime] shall be the injury of traffic accidents in general.

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