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(영문) 의정부지방법원 고양지원 2018.10.19 2018고단1785
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 driving the B-learning passenger car.

On June 17, 2018, the Defendant driven the above car at around 23:25, and proceeded along three-lanes on the road of the 10-lane in the middle-distance, the 317-lane, Seo-gu, Seoyang-gu, Seoyang-si, Seoyang-gu, Goyang-si.

Since there is a cross-section where signal lights are installed, there was a duty of care for those engaged in driving service to thoroughly see the front hour and safely drive in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to turn to the right part of the victim C (26 tax) who normally turn to the left in accordance with the new subparagraph in the direction of the defendant's course by negligence in violation of the signal, which was sent by the front side, while the Defendant violated the signal, etc. at the front side, received the part of the right part of the victim C (26 tax) driving by the defendant as the front part of the car of the defendant.

After all, the Defendant suffered injury to the victim due to such occupational negligence, such as light strings on the left side of the 12 week in need of approximately 12 weeks of medical treatment, and light strings and strings on the front strings.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the actual condition of traffic accidents;

1. An accident scene photograph;

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

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the area subject to mitigation (one month to eight months) (including a person subject to special mitigation) of the mitigated punishment (including a serious effort to recover damage);

2. Although the Defendant’s negligence with respect to the occurrence of the instant accident, and the degree of injury to the victim therefrom, the Defendant recognized the instant crime and against his mistake.

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