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(영문) 서울북부지방법원 2020.10.29 2020고단2021
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 a motorcycle B.

On April 3, 2020, the Defendant driven the above motorcycle on April 14:35, 2020, and driven five lanes in front of Dongdaemun-gu Seoul Metropolitan Government C along the first bus line, which is the bus exclusive way from the new sloping road to the intersection distance.

Since there is a place where a signal is installed, a person engaged in driving service has a duty of care to safely proceed in accordance with the signals by reducing speed and checking the right and the right and the right of the former.

Nevertheless, the Defendant neglected to stop the vehicle driving signal while proceeding as it was, and by negligence, got the front side of the motor, the motor, the ground side of the victim D(the age of 47) driving on the left side of the direction of the defendant's running, which was driven by the victim D(the age of 47).

The Defendant, due to the above occupational negligence, sustained injury to the victim, such as cutting down the body 4 parts of the left part of the body 4 parts, which require approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports, accident vehicles and field photographs, etc., report on internal investigation (receiving the case and black stuff image), and examination of black stuffs storage cream in the execution of D's traffic accidents;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The occurrence of traffic accidents and the degree of injury to the victim due to the violation of the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, but not accepted from the victim. The defendant reflects his or her mistake, and is covered by a comprehensive insurance.

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