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(영문) 서울북부지방법원 2021.02.04 2020고단2769
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 B-learning car.

On May 21, 2020, the Defendant driven the above car at around 17:10 on May 21, 2020, and made the front intersection of Seongbuk-gu Seoul to turn left from D to D's development area.

Since there was a crosswalk, there was a duty of care to safely drive a motor vehicle by checking whether a person engaged in driving the motor vehicle was a person to reduce the speed and to see well the front door.

Nevertheless, the defendant neglected this and got the right side of the victim E (the age of 72) who was standing on the top of the above passenger vehicle due to negligence, which led the victim to go beyond the floor.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the frame of the brupt part of the bomb in need of approximately 12 weeks of treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendant’s legal statement F of traffic accidents: A traffic accident investigation report, a black boxe and a photographic and accident video CD diagnosis report;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

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

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] The ordinary traffic accident [type 1] the injury [person subject to special sentencing] - The elements to mitigate the punishment (including the area of recommendation and the scope of the recommended punishment], the area of mitigation of punishment [the scope of the recommended punishment], the area of reduction of punishment without prison labor for January through August;

3. Determination of sentence: Six months of imprisonment with prison labor, one year of suspended execution, and one year of suspension of execution, are shocking the victim, and one of the degree of injury to the victim is one of the degree of injury to the victim, and the victim does not want the punishment smoothly, and the comprehensive motor vehicle insurance.

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