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(영문) 의정부지방법원 2020.02.11 2019고단4011
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 August 24, 2019, the Defendant driven the above car at around 09:00, and came to turn to the left from the front side of the D apartment at the time of Namyang-ju.

Since there was a tri-distance intersection where signal lights are installed, a person engaged in driving service has a duty of care to safely operate in accordance with signals such as signal.

Nevertheless, the Defendant neglected this and caused the Defendant to suffer a chest 5 that requires approximately 12 weeks of treatment on the left side of the Defendant’s course due to the occupational negligence, which led to the Defendant’s left side of the F Kan-kn-kn-kin kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-k-kn-k

Summary of Evidence

1. Defendant's legal statement;

1. A statement of damage from E;

1. The actual condition survey report;

1. A medical certificate;

1. Reports on internal investigation and reports on internal investigation (the analysis, etc. of black stay images);

1. Application of on-site photographs, black box photographs, driving speed of damaged vehicles, and Acts and subordinate statutes on-site investigations;

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

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. The crime of this case, which was sentenced to sentence, was left left-hand by the defendant, and the degree of negligence is serious, the victim's injury is serious, but the defendant is the first offender who has no criminal power, and the defendant is the victim.

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