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(영문) 전주지방법원 군산지원 2021.02.17 2020고단1579

교통사고처리특례법위반(치상)

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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

Punishment of the crime

On September 2, 2020, the Defendant driven a sealed truck B around 16:39, and was trying to circumvent a five-lane road in front of the “D oil station” in Cheongju-si, Cheongju-si, by five-lanes from the “E Chang Factory” to the “E Chang Factory.” On September 2, 202, the Defendant: (a) was negligent in disregarding and passing the stop line while the signal of the front side is a red stop signal; (b) caused the Defendant’s failure to pass it to go through the stop line before entering the intersection; and (c) caused the Defendant to go beyond the ground the victim F (Seoul, South, and forty-three-three-three-three-year) who was driving on the right side of the front side of the Defendant’s cargo vehicle.

Ultimately, the Defendant caused injury to the victim due to the above occupational negligence, such as the closure and diversification of the left-hand body, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared in F;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a survey report on actual condition, CCTV-faging photographs, site photographs of accidents, and diagnostic certificates;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is nothing more than emphasizing on the duty of care to ensure that drivers are obliged to observe road traffic laws and to prevent accidents from occurring on a regular basis due to the risk of potential damage to human life due to a flexible traffic accident.

The degree of injury suffered by the victim due to the traffic accident in this case caused by the defendant's negligence is not less severe, and the same kind of force, such as violation of road traffic law, etc. is punished in consideration of the contents and circumstances before and after the crime, but there is no record of criminal punishment other than fine.