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(영문) 광주지방법원 2019.10.17 2019고단2931

교통사고처리특례법위반(치상)등

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

Punishment of the crime

The defendant is a person who is engaged in the business of driving a B-hurd vehicle.

On July 30, 2019, the Defendant driven the above vehicle on July 11, 2011:40, and led the front road of Gwangju Seo-gu to the remote distance from the D apartment room.

In this case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to prevent the accident by emphasizing the front side and the left side and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so, neglected to do so, and neglected to drive in the front of the math by negligence of driving the math, which led to the right side of the Fbenz vehicle driven by the victim E (V, 45 years old) in the front of the left side of the vehicle of the Defendant.

At the same time, the Defendant damaged the benz vehicle to receive repair costs of KRW 24,896,862 due to such occupational negligence, and at the same time suffered injury to the victim, such as salt dynasium which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Report on the occurrence of a traffic accident and the report on each traffic accident;

1. Application of the Acts and subordinate statutes of a written diagnosis (E) and written estimate;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 (Punishments as provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents Who are more severe between the above crimes and the punishment) of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing [the scope of recommendation area and recommendation area] mitigation area, and the type of imprisonment without prison labor from January to August: General traffic accident: [the type 1] person causing a traffic accident, the special person causing a traffic accident, the element of mitigation: In light of the contents and degree of damage of the defendant's breach of duty of care.