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(영문) 의정부지방법원 2019.10.01 2019고단1236
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 14, 2019, the Defendant driven the above car on the 11:40th day of Feb. 14, 2019, and led to the left turn to the D apartment while driving the front road of the Gu government C from the gold Zone to the office of the Gyeonggi-dobuk-do Office.

Since there is an intersection with a signal apparatus, a person engaged in driving a motor vehicle has a duty of care to make a left-hand turn according to the signals of the signal apparatus.

Nevertheless, the defendant's occupational negligence caused the left turn in violation of the straight line to the front part of the F motor bicycle of the victim E(74 years old) driving, which was normally driven from the front part of the Geum-gu Office Building of Gyeonggi-do, to the front part of the driver's license, due to the occupational negligence.

Ultimately, the Defendant suffered 16 weeks of her occupational negligence from her alleys that require approximately 16 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. A medical certificate;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. Determination of sentence is not good for the crime of this case, the fact that the defendant did not agree with the victim, the fact that the defendant subscribed to a comprehensive insurance, the fact that the defendant has no criminal power, and other age, character, character and environment of the defendant.

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