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(영문) 서울북부지방법원 2020.04.16 2019고단5094
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a driver car in B.

The Defendant driven the above vehicle around 18:10 on September 18, 2019, and driven the two-lane road in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, along the direction of the intersection of Dongdaemun-gu, one lane in the direction of the new road.

Since there is an intersection where signal lights are installed at the front of that place, in such a case, there was a duty of care to check whether a person engaged in driving of a vehicle has a vehicle driving the intersection by reducing the speed and by properly examining the right and the right and the right of the road and to safely drive the vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected to stop the signal at the front side, which was driven by the victim D(the age of 62) who proceeded to cross-section from the left side of the moving direction to the right side of the Defendant, in accordance with the new code, due to the failure of the Defendant’s failure to stop the signal at the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim by negligence in the above occupational negligence, such as the exposure to the upper right-side guard who requires treatment for about 13 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a de facto survey report, accident-related photographs, investigation report (report on the verification of black stay images CDs);

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the basic area (four months to one year) of the first type of general traffic accident (the injury resulting from traffic accident) (the special person).

2. The degree of injury to the victim of the instant traffic accident caused by negligence by the defendant's decision of sentence is very serious;

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