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(영문) 광주지방법원 장흥지원 2020.01.16 2019고단167

교통사고처리특례법위반(치상)

Text

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

except that the execution of the above sentence shall be suspended for a period of one year and six months 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 chill for agriculture.

On May 17, 2019, the Defendant was driving a horse at around 17:50 on May 17, 2019, and turned to the left at the Eth page while driving a road at a one-lane in front of the Gangnam-gun, Gangnam-gu, Seoul through the Da community hall from the C bank to the Do community hall.

Since there is no central line, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating steering devices, brakes, and other devices.

Nevertheless, due to the negligence of failing to make a left-hand turn, the full part of the two-wheeled ESCOT 110 two-wheeled vehicle was shocked by the front part of the driving of the Defendant.

The Defendant suffered injury to the victim, such as the upper body, feld body, feld body, and vertebral body, which requires approximately nine weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A survey report on actual condition, an accident site photograph, and a diagnosis report;

1. Application of Acts and subordinate statutes to the investigation report (for a light chill, chilling part);

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; Selection of imprisonment without labor;

1. The extent of injury inflicted on the victim for the reason of sentencing under Article 62(1) of the Criminal Act is significant, and there are various conditions of sentencing indicated in the records and arguments of this case, such as the fact that no agreement has been reached with the victim up to the present date, the fact that the defendant is the first offender with no criminal records, the fact that the defendant is partially responsible for the victim, the fact that the insurance subscribed to by the defendant, the fact that the damage was partly recovered from the insurance, the age of the defendant is old, family relations, health status, and possibility of recidivism.