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(영문) 전주지방법원 남원지원 2020.04.21 2020고단33

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 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 B concrete mixed trucks.

On December 9, 2019, the Defendant driven the above vehicle at a speed of 09:33, while driving the vehicle, and driving the 4-lane 1-lane 2, South Won-si, Seoul, the Defendant came to turn to the right from the gold reservoir to the right, while driving from the southwest the two-lane 4-lane 4, along the intersection, at the speed near the intersection, along the first lane.

At all times, there is a section where it is impossible to turn to the left because the center line is installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by moving to the section where the left to the left is permitted, thoroughly checking whether there is a motor vehicle moving to the section where the left to the left, and thereby safely making a left turn to the left in accordance with the new subparagraph.

Nevertheless, the Defendant neglected to turn to the left at a section where it is impossible for the Defendant to turn to the left, and the part on the left of the DPoter II, which was driven by the victim C (the aged 69) who was driven by the victim C (the aged 69) at the opposite direction of the Defendant, due to the failure of the Defendant to turn to the left, was broken to the front part of the left part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as the left-hand majority of the executives who need approximately 14 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (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 stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

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

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The scope of the recommended sentence according to the sentencing criteria (the determination of types) shall be the injury of traffic accidents in general traffic accidents.