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(영문) 의정부지방법원고양지원 2020.08.27 2020고단937
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 B Kaman II car.

On February 12, 2020, the Defendant driven the said car at a speed of about 20 km from the c hospital to the click Station at the speed of about 20 km per hour, according to three-lanes from the c hospital to the click Station, in order to turn to the left at a speed of about 10 km.

There is a duty of care to safely drive a motor vehicle in accordance with traffic signals, since there is an intersection where signal, etc. is installed.

Nevertheless, the Defendant neglected this and received the right right part of the EW101W H two-wheeled vehicle driven by the victim D (WW 1101W 28 years old) who was straight from the mast to the mast Station by negligence in violation of the signal, and was driven by the Defendant in front of the car of the Defendant.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as the escape of the dog gate, which requires approximately 16 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident investigation reports, accident scene and vehicle photographs, accident video file storage CDs, and diagnosis reports;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] causing a traffic accident (special person) or causing a traffic accident: In cases where the injured party has gross negligence due to the occurrence of a traffic accident or the expansion of damage (the area of recommendation and the scope of recommendation] mitigated area, and one month through August of a credit cooperative;

2. Circumstances disadvantageous to the determination of sentence: The defendant has entered the intersection as it was, while the signal prior to the entry to the intersection has already been changed by red signal, and has shocked the victim.

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