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(영문) 의정부지방법원 2019.09.24 2019고단1982
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On April 21, 2019, at around 16:10, the Defendant driven the above vehicle and proceeded with the 1435-1 Do 1435-1 Do-dong, Seocheon-si, Sincheon-si to move-do, and made the left turn to the left-hand side of the moving direction.

The place is a road with a central line, and there was a duty of care to turn to the left at the place where the driver of the vehicle is permitted to turn to the left, because it was difficult to secure the view as a bend road.

Nevertheless, the Defendant neglected this and got the front part of the DX530 U.S., which was driven by the injured party C (year 43) who was under normal driving at the moving Myeon from the moving Myeon to the left Myeon due to the negligence of neglecting it, received the front part of the U.S. driving car by the Defendant, following the front part of the U.S. driving car.

As a result, the Defendant suffered injury, such as a cage cage cage cage cages (No. 8,9, the left-hand 7) that requires approximately six weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor or a heavier punishment;

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. The fact that the type of the instant crime was not good, that the Defendant subscribed to liability insurance only and did not completely recover from damage, and that the victim wanted to strong punishment against the Defendant.

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