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(영문) 의정부지방법원고양지원 2020.08.27 2020고단914
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 December 18, 2019, the Defendant, who is engaged in driving B buses, was driving in accordance with the first five-lane distance from the border line to the dialogue station between the main and the main region of the Sinsan-gu, Seoyang-si. 1496, Goyang-si.

Since there is an intersection where signal lights are installed, a person engaged in driving a motor vehicle has a duty of care to live well on the front side and prevent accidents by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the defendant neglected to turn to the left and went to the left in accordance with the new subparagraph due to the negligence of the defendant's failure to turn to the left in violation of the signal, and brought the part of the victim C (Nam and 34 years old) driving to the right side of the bus.

The Defendant suffered injury to the victim due to the above occupational negligence during approximately 16 weeks of medical treatment.

Summary of Evidence

1. Application of the Defendant’s legal statement C of traffic accident report, diagnosis certificate, and traffic accident video-related Acts and subordinate statutes;

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. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [Type 1] and mitigation elements of the injury from traffic accidents (special person in a form of punishment]: In cases of causing serious injury (the area of recommendation and the scope of recommendation), basic area (the area of recommendation and the scope of recommendation], and April through one year;

2. In violation of the sentence decision signals, occupational negligence is heavy, and the victim suffered serious injury, etc. is considered to be disadvantageous circumstances, and the fact that the defendant agreed with the victim, the defendant is the first offender who has no previous conviction, and the spouse and children should be supported by his/her spouse and children, etc. are favorable circumstances.

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