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(영문) 대전지방법원 홍성지원 2020.02.11 2019고단637

교통사고처리특례법위반(치상)

Text

The imprisonment without prison labor for the accused shall be determined by eight months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of freight B and B.

On 07:48 on 09. 07. 07. 07. 07. 07., the Defendant driven the above cargo, and continued to drive the potteral 2nd road, which is located in 185-68, Mapocheon-gun, Hongsung-gun, Chungcheongnam-gun, by straighting the front of the potteral 185-68, from the luminous pumpp

In this case, the driver of the vehicle has a duty of care to safely drive the car line and prevent the accident by safely driving the car line without breaking the central line, while accurately operating the steering boat and the steering gear.

Nevertheless, the Defendant neglected to do so and got the front part of the car driving seat of the D Kakn-Ping Driving Vehicle which was driven by the victim C(M, 39 years old) who was driving in a normal manner due to the negligence of the flag of the central line, was in front of the truck driver's seat.

Ultimately, the Defendant suffered injury to the victim, such as an internal surgery, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

1. The scope of recommendations according to sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act [the decision of types] of traffic accidents in general [the category 1] traffic accident injury [the scope of recommendations and recommendations] basic area (the scope of recommendations and recommendations] (no special person). The defendant's duty of care in breach of his/her duty of care and the degree of injury to the victim, the victim's intention of punishment has not been withdrawn, medical expenses from the comprehensive insurance for the defendant's vehicle.