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(영문) 창원지방법원 진주지원 2020.04.21 2019고단1434

교통사고처리특례법위반(치상)

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Defendant shall be punished by imprisonment without prison labor for ten 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 engaged in driving cars B and B.

On August 30, 2019, the Defendant driven the above cargo vehicle on August 11, 201:30, and driven the road of about 40 km in speed from D to E on the face of Jinju.

Since this is a hond road on the left-hand side, there was a duty of care to safely drive the steering staff by reducing speed for the person engaged in driving service, keeping the front and left-hand side well, and accurately manipulating the steering gear and brakes.

Nevertheless, in order to avoid a test plastic paper, the defendant neglected this and operated the steering gear to the right side by sudden operation of the steering gear on the Gap's own right side, and shocked the utility pole installed on the Gap's own side into the front top of the cargo vehicle.

As a result, the Defendant caused a serious injury to plant life by cerebral cerebrovassis, etc. focusing on the focus on the absence of any two main points in opening the victim F (73 years old) who was on board the top of the above cargo vehicle due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report and investigation report (No. 7 and 13 No. 13);

1. Statement of opinion;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was the Defendant’s crime of this case, causing serious injury to the victim among plant inmates.

However, a letter of agreement is prepared and submitted to the effect that the defendant has mistakenly recognized the defendant, there is no history of punishment since 1999, some of the family members of the victim does not want the punishment of the defendant, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and other ages, health conditions, character and conduct, and environment of the defendant shown in the records and arguments of this case.