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(영문) 수원지방법원 여주지원 2019.04.29 2019고단95
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaging in driving a benz car.

On November 20, 2018, the Defendant driven the above car at around 22:05, and proceeded one lane on the three-lanes in front of Songpa-gu Seoul, Songpa-gu, Seoul at a dives zone to the intersection of Songpa-gu Office.

Since there is an intersection where a signal, etc. is installed, in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals, by checking whether there is a motor vehicle driving through the intersection by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and received the front part of the EW125 Obama driven by the victim D(29 years of age) who was under normal operation in accordance with the straight line from the opposite direction due to the negligence of the left-hand turn in violation of the signal while the signal of the front side of the Benz car.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the mouths around the upper end of the upper end of the 14 weeks left-hand part in which treatment is required.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site map of a traffic accident;

1. A medical certificate;

1. Standard signal control database;

1. An accident site photograph;

1. Application of CCTV Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. Determination of sentence: Imprisonment without prison labor;

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