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(영문) 광주지방법원 순천지원 2021.02.03 2020고단2618

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 12, 2020, the Defendant is a person who is engaged in driving freight B, and was driving the above freight vehicle around 12:03 on September 12, 202, and was driving on the road in front of South old-gun C.

Since there is a center line of yellow solid lines, in such a case, a person engaged in driving service has a duty of care to properly see the front line and the right and the right, and to prevent accidents in advance.

However, the Defendant did not give a proper view to the front side, and caused the front part of the Erabal car and the front part of the freight vehicle in the Erabula in the opposite lane by negligence that led to the left-hand turn over the center line, and led the Defendant to the front part of the freight vehicle of the Defendant.

Defendant 1 suffered injury to the victim, including abandonment, salva, which requires approximately 10 weeks of treatment due to occupational negligence as above, and injury to the victim F (the victim South, 59 years of age) who is the passenger of the cargo of Defendant 1, due to approximately 2 weeks of treatment.

Summary of Evidence

1. Written statements of the defendant in court;

1. Each written diagnosis;

1. Application of the Act and subordinate statutes on fact-finding survey report and accident scene photographs;

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

1. Selection of a credit cooperative for the option of a punishment under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of the recommended punishment according to the sentencing guidelines [type 1] The ordinary traffic accident [type 1] the injury [including the person subject to special sentencing] caused by traffic accidents: The mitigated elements of punishment (including the area of recommendation and the scope of recommended punishment], the mitigated areas of punishment (including the advanced efforts to recover damage], and January through August of the credit cooperative;

2. Determination of sentence: The defendant has invadedd the central line and caused an accident for six months of imprisonment without prison labor, two years of suspended execution, and forty hours of an order to attend a course, and the negligence is severe.

(b).