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(영문) 광주지방법원 2020.05.21 2020고단686

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 motor vehicle B and III.

On December 16, 2019, at around 07:49, the Defendant driven the above cargo vehicles, and led to the progress of the roads in front of the discharge of sewage from the seat of the branch office to the discharge of sewage.

At this point, the road where the center line of yellow solid lines is installed is a one-lane road, and the victim E(77 years old) driving ahead of the front left side of the front side is driving FCB115 Obama, so a person engaged in driving service is required to pass along the left side of the vehicle in front of the front side, and the person engaged in driving service has a duty of care to proceed at a safe speed and method by sending a horn, etc. according to road conditions.

Nevertheless, the Defendant neglected this and neglected to pass it to the right side of the Defendant’s cargo vehicle, which was loaded on the left side of the Defendant’s cargo vehicle, and received the right side of the Defendant’s cargo vehicle.

Ultimately, due to such occupational negligence, the Defendant inflicted injury on the victim E, i.e., “explosion and flosion damage without any open wound,” which requires approximately five weeks of treatment, on the part of the Defendant, by causing the victim E to suffer injury, such as “explosion and flosion,” which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A traffic accident report;

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

1. Article 3 (1), the proviso to Article 3 (2) 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including circumstances, etc. described in the following reasons for sentencing);

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

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be the injury of traffic accidents in general. < Amended by Presidential Decree No. 17342, Feb. 1, 201>