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(영문) 광주지방법원 2019.09.19 2019고단2887

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 5 tons cargo vehicle B.

On April 19, 2019, the Defendant driven the above vehicle on April 13:15, 2019, and turned back the road in front of the village of the senior citizens of the Jeonnam-gun to the entrance of the village at the C Village.

In this case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to observe the direction and the left and right of the motor vehicle and accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the defendant neglected this and shocked the victim D (the 92 years old) who was towing the fingers on the rear side of the defendant's vehicle in the afterward by negligence of the defendant, with the right loaded on the defendant's vehicle.

The Defendant suffered from a serious injury that is unable to receive treatment due to such occupational negligence as damages to return alley and pressure pressure for the first step.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Each medical statement (whether serious injury is involved);

1. Each injury diagnosis letter;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the results of a CCTV CD reproduction viewing;

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. The reason for sentencing under Article 62(1) of the Criminal Act is the result of the instant traffic accident on the ground of suspended sentence, and it is difficult to see that there is any negligence on the part of the victim in the occurrence of the instant traffic accident. Since there is a need for strict punishment for the Defendant’s act, a

However, the defendant's driver's vehicle is a member of the Korean Freight Trucking Association, and the victim's bereaved family members (the victim was dead after the traffic accident in this case) agree on the suspension of execution in consideration of the fact that the defendant has no record of punishment exceeding the fine prior to the crime in this case, and that the defendant's mistake is recognized.