beta
(영문) 광주지방법원 2020.05.28 2020고단744

교통사고처리특례법위반(치상)

Text

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

except that 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 driving a K3 car.

On November 29, 2019, the defendant operated the above car at around 07:00, and proceeded with the 15th line of the National Highway No. 15th line in the Blcheon-gun National Road in the Blcheon-si, the Blcheon-si, the Blcheon-si National Road No. 15th line in the Blcheon-si.

At that time, the center line of the yellow-ray was installed with a hondro bend, and the large inside was a pipe, so the driver of the motor vehicle had a duty of care to reduce the speed and to prevent the accident by observing the car line in advance.

Nevertheless, the Defendant neglected the duty of Jeonju and got the front portion of the E-Poter cargo vehicle driven by the victim D (year 71) who was driving in the opposite lane due to the negligence committed in the middle line, and caused the Defendant to go ahead of the passenger vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as cerebral cerebral ties, which requires around 32 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A traffic accident report;

1. Application of Acts and subordinate statutes (Evidence No. 14);

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. 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. Scope of the recommended sentence according to the sentencing guidelines [the determination of types] of traffic accidents in general traffic accidents [the category 1] and the factors to mitigate the bodily injury (the specially-speed person] of traffic accidents: Reduction area of punishment (including efforts to recover the damage), reduction area (including the recommended area and recommendation area] reduction area, reduction area of punishment and imprisonment without prison labor for one month to eight months;

3. Determination of sentence: The defendant who has been sentenced to imprisonment without prison labor for a period of two years suspended execution for a period of eight months shall require the victim to receive 32 weeks of treatment by negligence committed by the central line;