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(영문) 서울북부지방법원 2020.02.06 2019고단5097
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for up to six months and a fine of up to 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obaba in B.

On October 29, 2019, the Defendant driven the above Oral Sea without a driver's license on October 29, 2019, and turn to the right from the right edge to the right edge of the Round road at the 366-ro, Jung-gu, Seoul, Jung-gu, to the right edge.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents, such as reducing the speed prior to entering the intersection and properly observing the signal of the front side, for those engaged in driving the motor vehicle.

Nevertheless, the Defendant neglected this and got the victim E (W, 48 years old) who was on the ground that the front part of the D SP car driven by C, which was driven by C in accordance with the new subparagraph, was shocked by the front part of the Defendant's right-to-hand and left-hand turn at the intersection by disregarding the right-hand turn signals at the front side of the front side of the OP car at the time of the left-hand turn.

Ultimately, the Defendant suffered injury to the victim, such as a peltoma, which requires approximately six weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62(1) and (2) of the Criminal Act (with respect to the suspended sentence of imprisonment without prison labor)

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

1. The Criminal Procedure Act;

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