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(영문) 창원지방법원 밀양지원 2020.01.16 2019고단411

교통사고처리특례법위반(치상)

Text

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

However, 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 who is engaged in driving a horse with 2.5 tons or more.

On August 5, 2019, at around 09:05, the Defendant driven the above vehicle, leading C ahead of the road at the right side to the erode.g.

Since there is a three-distance intersection where signal lights are installed, there was a duty of care for those engaged in driving service to thoroughly see the front hour and safely operate in accordance with the new code.

Nevertheless, the Defendant neglected to stop the front city and did not see the stop signal, and did so consecutively, the part on the left side of the Fpoter cargo vehicle driven by the victim E (the age of 80) who proceeded on the left side from the right side of the Madern Defendant's running on the right side of the road was shocked by the front side of the Defendant's vehicle.

Ultimately, the Defendant suffered injury, such as cageage cages, etc., which require approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The report of a traffic accident, on-site photographs, and the leakage of CCTV images, etc.:

1. A medical certificate;

1. Application of each of the following Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. Determination of sentence: The sentence of imprisonment without prison labor for two years of suspended execution, 40 hours in the occurrence of the traffic accident in this case, that the negligence of the accused is not less severe, that the degree of injury inflicted on the victim is serious, and that of the accused.