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(영문) 의정부지방법원 2019.05.29 2019고단1146
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

The defendant is a person who drives a B-hand vehicle.

On December 18, 2018, the Defendant driven the above car on December 22:55, 2018, and proceeded the front road C along the two-lanes along the two-lanes, and entered the intersection and continued the intersection with the two-dimensional distance.

There are three-dimensional signal lights, and there is no sign allowing to make a left-hand turn or a U-turn, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals of the front side to prevent accidents.

Nevertheless, the Defendant neglected this and caused injury to the victim D(the age of 25) Eplim 110CC in driving with the same direction as that of the victim D(the age of 25) who was straighted in accordance with the new code, due to the negligence on the part of the defendant's driver's vehicle, and the front part of the victim D(the age of 25) in front of the left part of the defendant's driver's vehicle, resulting in the victim's injury, such as the mouths, closedness, etc. of a b

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. On-site reports (Attachment to black boxes and video CDs);

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. Scope of the recommended sentence according to the sentencing guidelines [the determination of types] of traffic accidents in general traffic accidents [the category 1], the injury (the special person concerned] of traffic accidents - The factors to mitigate the punishment (including serious efforts to recover the damage): Reduction area (the recommended area and the scope of recommended punishment], reduction area of punishment and imprisonment without prison labor for one month to eight months;

3. The Defendant, while driving a motor vehicle, has caused the instant accident by making a sudden internship, and has caused it.

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