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(영문) 의정부지방법원 2020.08.11 2020고단1789
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years 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 low-speed car B.

At around 17:00 on March 13, 2020, the Defendant driven the above car and proceeded at a speed of about 79 km at the speed of about 39 km from the direction of food ICT to the direction of food ICT.

Since there is a section where the speed limit is less than 40 km per hour and a signal is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with good faith.

Nevertheless, the Defendant neglected this and went through the intersection without stopping in violation of this, and thereby entering the intersection as is, caused by the negligence of entering the road located in the front direction of the Defendant’s course from the direction of the Jinando road, the part on the left-hand side of the victim D(W, 33 years old) driving in the direction of the Jindo road in the direction of the direction of the Jindo road was shocked by the Defendant’s front driver, and the part on the upper left-hand side of the victim FF (F, South, 58 years old) driving in the direction of the victim D, which continued to proceed in the same direction as the victim D, was shocked by the Defendant’s front driver.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim D, such as a dump, which requires approximately six weeks of medical treatment, and the injury to the victim F, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Application of each on-site photograph Act and subordinate statutes to a medical certificate of the defendant, each written statement D, F's written statement, traffic accident report, EDR analysis, investigation report (verification, etc. of crosssection signal systems and vehicle booms), cross-section photographic (signal location), and one on-site photograph data;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor for the selection of a punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Suspension of execution of sentence Article 62(1) of the Criminal Act is suspended by the defendant.

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