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(영문) 광주지방법원 해남지원 2019.05.02 2019고단64

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

Punishment of the crime

The Defendant is a person who is engaged in driving of a cargo vehicle B.

At around 12:20 on January 27, 2019, the Defendant driven the above cargo vehicle on a one-lane road of Do, which is located on a new Do, 882-ro, New Do, New Do, New Do, New Do, New Do, Nando, and proceeded at an insular speed from the ebriside to the ebriside.

Since there is a center line, and in such a case, the driver engaged in driving duty has a duty of care to make sure that he is well aware of the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and prevent the accident from occurring on the road.

Nevertheless, the defendant neglected to do so and caused the fault of the centering on the center line, which led to the collision of the left side of the D Poter Cargo in the opposite direction of the victim C(73 years old) driving.

As a result, the Defendant suffered, due to the negligence in the above business, approximately 12 weeks of injury to the victim C, such as the left-hand sulverization, etc., and the victim E (the age of 67) suffered about 3 weeks of treatment, knee kne, knee, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

1. Grounds for sentencing under Article 62 (1) 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 defendant shall be sentenced to imprisonment without prison labor for four months and one year of suspended execution;