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(영문) 의정부지방법원 2020.05.13 2020고단693
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 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 dump trucks driving.

On December 18, 2019, the defendant driving the above vehicle at around 13:30 on December 18, 2019, and standing on the roads near D 3rd distance located in the city of Speaker C, and the defendant left to the left at D level from the jurisdiction of Speaker.

Since the place is a three-distance intersection with signal apparatus, there was a duty of care to prevent accidents in advance by driving safely according to traffic signal to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and caused the fNS300A driving by the victim E (the age of 57) under the traffic signals due to the negligence of violating the signal, and brought the left part of the fNS300A driving by the victim E (the age of 57) to the front part of the car.

As a result, the Defendant suffered injury to the victim, such as cutting down or closing of a brush that requires medical treatment for about 20 weeks due to a traffic accident caused by the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a rough map at the scene of the accident, and a photograph;

1. A CCTV screen to collect transport information and a traffic signal control database after capturing a CCTV image;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the ordinary traffic accident [Type 1] the injury (special person concerned] of traffic accident - The factors to mitigate the punishment (including serious efforts to recover damage): Reduction area and recommendation area] reduction area, imprisonment without prison labor for one month to eight months;

3. The defendant who has rendered a sentence of sentence shall appear in line with one another.

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