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(영문) 창원지방법원 2019.09.10 2019고단748

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of BCA110V.

On September 18:55, 2018, the Defendant driven the victim C (70 years of age) on the backwards of the Obaba, and got the front side of the D warehouse of Changwon-si from the entrance of the village to the village.

At the time, the defendant and the victim had a duty of care to prevent accidents in advance by having the brea driver drive a drunk victim as well as by having the brea driver drive the brea driver as well as by having the brea driver wear protective equipment, such as safety caps, etc., if he/she has been forced to board the brea driver, and by taking necessary measures so that he/she can safely get off the brea passenger at the time of his

Nevertheless, the Defendant neglected to perform drinking while drinking and did not cause the victim to wear a safety cap, and he left the part of the victim at the time when he was lower than that of the victim, but did not keep a proper balance of otobs, thereby allowing the victim to go beyond the floor.

As a result, the Defendant suffered injury, such as an open open booming transfusion with which the number of days of treatment cannot be known to the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A written statement of the G production;

1. The actual condition survey report;

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

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

2. The range of recommendations according to the sentencing guidelines [the determination of types] the ordinary traffic accident [the category 1] - The injury of a traffic accident [the special person] - The mitigation element: where the victim has gross negligence due to the occurrence of a traffic accident or the expansion of damage, - Where a serious injury has occurred, driving under the influence of alcohol.