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(영문) 전주지방법원 정읍지원 2021.02.16 2020고단626

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle B with five tons in Rano.

On June 10, 2020, the Defendant driven the above cargo vehicle around 10:41 on June 10, 2020, and entered the way to the side of the second line in the D oil station located in the former Northern-gun C, and later made the turn to the left at the interest side of the sloping intersection.

Since there is a intersection where signal lights are installed, there was a duty of care to prevent accidents by safely driving the driver in accordance with the signals in the lane in which the left turn is permitted to the driver.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the side of the two-lane road, which is not a left-hand turn, and neglected to turn to the left in violation of the new subparagraph on the side of the two-lane road, and was the victim E (51) who was driving a one lane in accordance with the normal new subparagraph on the part of the driver’s seat car driving by the Defendant as the front part of the driver’s car in which the Defendant was driving.

Ultimately, the Defendant suffered damage to the right-hand body, the upper part of which requires medical treatment for about 14 weeks, which could cause danger to life by occupational negligence as seen above, to the right-hand body, the opening of the upper part of the upper part of the body, and the body of the body without any open address.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. A report on internal investigation (accident scene and accident situation);

1. On-site photographs;

1. Application of the Acts and subordinate statutes governing CCTV images CDs (E);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of traffic accidents, the scope of the recommended punishment according to the sentencing guidelines, and the general traffic accidents [Article 1] The basic area of causing traffic accidents, April to one year from the imprisonment without prison labor (the elements of mitigation of punishment for special sentencing: the number of factors of mitigation of punishment, the number of factors of aggravation: the traffic accidents.