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(영문) 수원지방법원안양지원 2020.11.12 2020고단1481
교통사고처리특례법위반(치상)
Text

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

However, 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 B car car.

On June 9, 2020, the defendant, around 21:40, followed the six-lane road in front of the rock shooting distance from the two sides to the two sides of the road.

Since the location is an intersection where a signal, etc. is installed, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing the speed and checking the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, due to the negligence of operating a green straight signal as it is, the part of the front part of the car of the defendant was driven by the victim C (Nam, 30 years old) who was driving in the two sides in accordance with the new code, and was driven by the victim C (Nam, 30 years old) who was driving in the two sides.

Ultimately, the Defendant suffered injury to the victim, such as mination and mination of the upper left-hand 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement to be prepared;

1. A medical certificate;

1. Application of the traffic accident report (1) (2) , photographs of the accident vehicle, images of the accident-related images, and the Acts and subordinate statutes governing CCTV images;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Extent of the recommended sentence according to the sentencing guidelines [decision of type] traffic crime, Type 1 (Bodily Harm resulting from Traffic Accidents): Reduction element of punishment (including serious efforts to recover damage): In the case of serious injury, the basic area of the recommended sentence [the scope of the recommendation area and the recommended sentence];

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