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(영문) 서울서부지방법원 2020.05.19 2019고단4506
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 engaged in driving QM3 automobiles.

On November 7, 2019, the Defendant driven the above car at around 02:03 on November 7, 2019, and moved to the direction of the Emiddle School in the direction of the Dongjak-gu Seoul, Yongsan-gu, Seoul, and the underground car also runs in the direction of the motion direction from D apartment direction.

In this case, the driver of the vehicle has a duty of care to refrain from making a right-hand according to the road and surface signs installed on the road and surface and the direction signs.

Nevertheless, the Defendant neglected to do so and got the front part of G OE which the victim F (year 37) was driven by the Defendant F (year 37) who was under way in accordance with the new code due to the negligence of the Defendant’s failure to take part above the right side of the said car.

Ultimately, the Defendant suffered injury to the victim, such as the opening frame of the left-off executives who need approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Report on the occurrence of a traffic accident;

1. Statement on the occurrence of H’s traffic accident;

1. Investigation into accidents scene;

1. Accident vehicles and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. An accident in this case where a sentence of sentence is determined;

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