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(영문) 서울동부지방법원 2020.06.04 2020고단256
교통사고처리특례법위반(치상)
Text

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

except that 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 Party B’s car.

On December 9, 2019, at around 06:15, the Defendant proceeded along the three-lane road in the direction of the Yongsan mountain basin from the front of Gwangjin-gu Seoul Special Metropolitan City, and from the front of the Yongsan Tri Road, the Defendant proceeded along the one-lane road in the direction of the Yongsan mountain basin.

The location is where signal lights are installed on the front side, and in such a case, the driver of the vehicle has a duty of care to observe good faith and speed and to prevent accidents by properly examining the front, rear and right and the right.

Nevertheless, the Defendant neglected this and proceeded with a vehicle by violating the signal signal at a speed exceeding 40 km per hour while driving the vehicle. However, the victim D (the age of 43) who immediately walked on the crosswalk was shocked by the front door of the said vehicle, and went beyond the floor.

Ultimately, the Defendant suffered injury to the victim, such as the upper half of the left-hand body in need of medical treatment for about 16 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the D statement;

1. A copy of a medical certificate;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. Accident video;

1. Application of Acts and subordinate statutes to report internal investigation (the sequence 8,9,10 of the evidence list)

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. One month to five years of imprisonment without prison labor within a prison labor range;

2. Reduction elements (the person causing a traffic accident) of the first category (the person causing a special appearance) of traffic accident according to the sentencing criteria: Not more than eight months in the basic area of punishment (the scope of recommendation).

3. A victim who is negligent in operating a vehicle in violation of the sentence decision (finite circumstances) and resulting in an injury requiring medical treatment for about 16 weeks.

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