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(영문) 서울북부지방법원 2018.11.01 2018고단3321
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 a period of 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 CSP car.

On June 26, 2018, the Defendant driven the above car at around 06:40 on June 26, 2018, and turn to the left on the front of the 30-ro 50-o, Seongbuk-ro, Seongbuk-gu, Seoul, to the corner of the monthly valley of the KT Call Bureau.

Since there is an intersection where a signal is installed, there was a duty of care to prevent accidents, such as complying with the signal, keeping a person engaged in driving a motor vehicle with a view to preventing accidents by accurately manipulating the steering and steering gear, etc.

Nevertheless, the defendant neglected to do so and caused the victim D(52 ) who is driving on the left side from the right side of the proceeding in accordance with the Madar No. Madar No. 52 due to negligence of entering the intersection and neglecting the red signal at the front part of the above car.

As a result, the Defendant suffered injury, such as the sofabs of the Wobstroup, etc., accompanied by the left-hand alley, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of traffic accidents by victims;

1. Reports (1), (2) on traffic accidents;

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

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, Article 268 of the Criminal Act, and Article 268 of the Criminal Act concerning the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The mitigated area of Class 1 (Bodily Injury by Traffic Accidents) [1-8 months] [including special mitigated persons] the punishment non-won (including efforts to recover damage] [the sentence] Defendant caused an accident while making a left-hand turn to the left-hand turn in violation of the signal without any act such as reducing speed at the time of the accident in this case or examining the right and the right at the time of the accident in this case, and the crime is not good.

immediately after an accident;

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