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(영문) 수원지방법원 성남지원 2021.02.10 2020고단2516
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 of B Poter cargo vehicles.

On February 4, 2020, the Defendant driven the above cargo vehicle around 15:53 on February 4, 2020, and continued to turn to the left of the family complex from D to the right-hand turn in front of C at the south of the match.

At the same time, there is a center line of the crosswalk and the beam line immediately after the left turn, and there is a line for left turn to the left-hand turn that serves as a virtual center in the intersection, so in such a case, there was a duty of care to prevent accidents in advance by complying with the vehicle line and properly operating the steering system and the steering system to ensure that the driver of the vehicle is not a person who is engaged in driving the vehicle, and safely drive the steering system by properly operating the steering system and the steering system.

Nevertheless, the defendant neglected to turn to the left and passed the crosswalk on the left side of the vehicle line leading to the left-hand turn, and by negligence, the defendant did not discover the victim E (W, 52 years old) at the right-hand side of the road in the direction of the defendant's course and did not find the way to the right-hand side of the crosswalk, and got the front side of the above cargo and turned to the floor.

Defendant 1 suffered injury to the victim by negligence in the course of the above business as to the left-hand body, such as the aggregate felb on the left-hand body, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement and a petition concerning the occurrence of a traffic accident under each E;

1. A yellow survey report, on-site map, scene photograph, internal investigation report (or the party's statement), a photograph of a CCTV for crime prevention, a black fluore photograph, a CD-fluor;

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

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment; proviso to Article 3 (2) 2 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Selection of imprisonment without 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 on orders to attend lectures and orders to provide community service;

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

2. The sentencing criteria shall be based on; and

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