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(영문) 창원지방법원 통영지원 2019.09.10 2019고단714

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a BM5 vehicle.

On May 4, 2019, the Defendant driven the said car at around 22:40, while driving the said car, the Defendant continued to drive the Djuri Road in front of the Djuri Station C from the direction of the E Middle School to the F Association.

The Defendant neglected the duty of Jeonju City, and was negligent in proceeding with the center line, and was driven by the victim G (hereinafter referred to as 27 years of age) who was driving in the opposite opposite lane, and received the front part of the H-to-pur vehicle as the front part of the said vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim G, such as the closure of the right-side catus in need of treatment for about 12 weeks, and the injury to the victim I (25 years of age) who was accompanied by the said Aburged vehicle in need of treatment for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Each written diagnosis;

1. A report on internal investigation (attaching a black image of a damaged vehicle);

1. Application of statutes on site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on any person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against any heavier G)

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] causing the injury of traffic accidents (special-speed person]: Reduction factors of punishment: Reduction area of punishment not (the scope of recommendation area and recommendation area] reduction area, reduction area of punishment and imprisonment without labor for one month through eight months;

3. Of the victims of the determination of sentence, G was seriously injured by the instant crime, the Defendant’s vehicle was covered by a comprehensive insurance and the Defendant paid money.