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(영문) 청주지방법원 제천지원 2020.01.30 2019고단388

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 the operation of Bsch Rex sports cargo vehicles.

On September 18, 2019, the Defendant driven the above vehicle at around 06:20, while proceeding to the new forest basin on the Dogsan-ri 457-2 road on the deposit side. However, the Defendant had a duty of care to safely drive the vehicle with the center line of yellow-ray installed.

Nevertheless, the Defendant neglected this and negligently driven the center line to overtake the vehicle above, and received the front part of the D-wing and three cargo vehicles driven by the injured party C(the age of 48) who is driving in the opposite opposite lane, as the front part of the Defendant’s driving.

As a result, the Defendant suffered injury to the victim, such as crossing the upper half of the left-hand side of the 14 weeks of medical treatment due to such occupational negligence, and cutting down the front wall.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident, and photographs on the site of a traffic accident;

1. Report on internal investigation (victim E telephone communications);

1. Application of Acts and subordinate statutes of each written diagnosis;

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;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [Type 1] causing a traffic accident (special-speed person], the element of mitigation of punishment: In the area of reduction of punishment [the scope of recommendation and recommendation], the area of reduction of punishment [the scope of recommendation and recommendation], and January through August of a credit cooperative;

3. The sentence is ordered by taking into account the following circumstances under which the sentence is rendered and other conditions of sentencing recorded in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime.