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(영문) 창원지방법원 마산지원 2019.07.10 2019고단411

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

On March 21, 2019, the Defendant is a person who is engaged in the driving of B 110cc Oba, driving of the above Oba on March 21, 2019, and driving of the above Obaba, thereby driving the front road in C in Changwon Mbapo-gu, Changwon-si.

In such cases, the driver of a motor vehicle has a duty of care to properly see the front left and to prevent accidents by accurately manipulating the steering gear and operating the steering gear in advance.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the above Otoba, and got the victim G (the age of 81) in the front side of the Defendant, and let the victim go beyond the road by pushing the knb on the hand, and caused the victim to face head.

Ultimately, the Defendant suffered from the above occupational negligence that caused the injury to the victim due to uncertainty of consciousness, such as the 12 weeks of sexual intercourse, the climatic blood, the climatic blood, the climatic brain, etc., and the climatic impossibility of movement.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual condition survey report;

1. A photograph of each accident site;

1. Medical certificates and medical statements;

1. Application of Acts and subordinate statutes to report on investigation (the current status, etc. of a victim);

1. Grounds for sentencing under Article 3 (1) 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;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Aggravation of the punishment according to the sentencing guidelines [the scope of recommendations] according to the sentencing guidelines for traffic crimes: General traffic accidents [the category 1] causing traffic accidents (the special sentencing person]: Where serious injury occurs (the scope of recommendations and recommendations], the area of the aggravated punishment, and August through 2 years;

3. The occurrence of the instant accident caused by the fault of the Defendant’s decision of sentencing led to a serious consequence that the victim could enjoy in the sick room without consciousness.

The defendant shall reach an agreement with the family of the victim.