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(영문) 수원지방법원성남지원 2020.08.11 2020고단762
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Some of the facts charged were corrected.

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

On December 7, 2019, the Defendant driven the above car at around 18:10 on December 7, 2019, and led to a two-lane road in front of Sungnam-gu Seoul Special Metropolitan City along the one-lane distance from D bank.

Since there is an intersection where signal lights are installed on the front side, the driver of the motor vehicle had a duty of care to observe the signal, to ensure that the driver of the motor vehicle has a duty of care to observe the direction, to properly control the traffic situation in the direction and to prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and instead changed the running signal of the above signal to the red, etc., but due to the negligence of entering the above intersection and proceeding, the victim E (the 30-year-old) driven by the victim E (the 30-year-old) who was driving the said signal to the right side from the left side of the running direction of the defendant in accordance with the new subparagraph, got the victim above the floor.

Ultimately, the Defendant suffered injury to the victim, such as the damage, etc. to the Bronchis, which requires medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. The written statement prepared by the defendant in his/her court statement E (13 pages of investigation records) and the application of Acts and subordinate statutes to traffic accident reports (13 pages of investigation records);

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 scope of the grounds for the suspended sentence under Article 62(1) of the Criminal Act on the grounds for the sentencing under Article 62(1) of the Act on the Suspension of Execution: The scope of the recommended sentence according to the sentencing guidelines for one to five years by imprisonment without prison labor [the scope of the recommended sentence] under the general traffic accident The injury [the person who has been specially punished] caused by traffic accident (the scope of the recommended sentence and the recommended sentence]: the mitigated area of the punishment [the person who has been punished]

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