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(영문) 의정부지방법원고양지원 2020.10.08 2020고단1517
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

On April 29, 2020, the Defendant driven a BKan-Pack's car on April 10, 2020, while driving the BKan-Pack's car, the Defendant proceeded along the three-lane road along the vicinity of the C building in the direction of sight village along two-lanes from the cac village to the cackho

The driver of such a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the duty of care to safely drive the motor vehicle in accordance with good faith and prevent accidents.

Nevertheless, the Defendant neglected this and got off the front part of the car driving on the left side of the victim D (Woo, 66 years old) who was proceeding on the right side of the vehicle running from the direction of the running of the motor vehicle due to the negligence that led to the red signal even though the vehicle signal was red.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as “alleys and closed down at the lower end of both the mouths and ductal aggregate,” which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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. The reason for sentencing under Article 62-2 of the Criminal Act that the defendant caused a traffic accident by gross negligence in violation of the signal, the fact that the victim injured the victim due to the instant accident is disadvantageous to the defendant, the fact that the defendant recognized his mistake, the fact that there is no record of punishment heavier than the fine, and the fact that it seems that a certain degree of damage can be recovered through the comprehensive deduction for motor vehicles would be done by taking into account the circumstances favorable to the defendant.

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