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(영문) 수원지방법원 2020.09.10 2020고단4286

교통사고처리특례법위반(치상)

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Defendant shall be punished by imprisonment without prison labor for eight 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 a person who is engaged in driving of B cargo vehicles.

On June 3, 2019, the Defendant driven the above cargo vehicle on June 11:51, 2019, and led to the intersection of tinc road, which is located on the front side of Sejong-si, to the tent of the Daejeon-si.

At the time, the side side of the road was in the beginning work, and the environment maintenance vehicle that has installed the guidance board on the two-lanes of the road stops, so in such a case, the driver of the vehicle has a duty of care to safely operate the steering and steering the steering and steering system by accurately manipulating the steering and steering system of the vehicle.

Nevertheless, the Defendant neglected this and did not see the front bank properly, and neglected to stop in the front bank due to the negligence of the Defendant, which led to the collision of the victim C (the 57-year-old driver) driving, which was under the influence of the driver, with the front part of the truck in front of the Defendant driving.

As a result, the Defendant caused by the above occupational negligence the risk of life-related injury to the victim, such as cerebrovasin in need of medical treatment for about 18 weeks, or caused the disease.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (a statement made by the victim C and his/her wife E), a criminal investigation report (a report on confirmation of the intention of punishment), and a criminal investigation report;

1. A traffic accident report, an accident site photograph, a report on the occurrence of a traffic accident, each vehicle inquiry, each mandatory insurance association, and a verification center for the fact of purchasing an automobile insurance policy;

1. Application of Acts and subordinate statutes on a medical opinion, medical certificate, written agreement, copy of a notarial deed, and written decision on the degree of disability;

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 that the victim suffered serious injury due to the instant traffic accident, which is disadvantageous to the victim.

However, the defendant is not a party.