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(영문) 의정부지방법원 고양지원 2021.01.20 2020고단3125
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bran vehicle.

On July 26, 2020, the Defendant driven the above car at around 17:20, and got to turn to the left the right at the seat of the 3-lane of the letter located in the Dong-gu Busan Metropolitan City, Seoyang-si, Seoyang-si, Pari-si, Pari-si, Pari-si, Pari-si.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by making safety driving in accordance with signals displayed by the signal signal, etc. to a person engaged in driving of a motor vehicle.

The Defendant neglected this duty of care and caused the victim to go beyond the ground by taking the front part of the victim E-driving F-motor vehicle, who was in a direct step under the direct step signals at the bend part of the signal apparatus, due to the negligence of left-hand turn, in violation of the right-hand signal of the signal apparatus.

Ultimately, the Defendant suffered injury, such as “T9/T10 and T10/T11 chests,” which requires medical treatment for about six months to the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes related to traffic accident reports (on-site investigation reports), accident site photographs, investigation reports (in relation to victim diagnosis reports), video CDs, video-related photographs, and video-related photographs;

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

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

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] of the ordinary traffic accidents [the Class 1] causing a traffic accident (the person subject to special sentencing] and the mitigated factors of the punishment: Where an injury occurs among the increased factors of the punishment: Basic area (the area of recommendation and the scope of the punishment), four months through one year;

2. The defendant shows his attitude to recognize and reflect the criminal facts in light of the circumstances favorable to the decision of sentence.

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