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(영문) 전주지방법원 군산지원 2020.01.31 2019고단1507

교통사고처리특례법위반(치상)

Text

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

except that 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 a vehicle B.

around 18:00 on October 14, 2019, the Defendant, at the Fside where the “D” front of the “D” road in the following city C, was under the direct control of the citizens as the event distance.

At the same time, the crosswalk is installed, so there was a duty of care to check whether a person engaged in driving service has a way to reduce speed and properly check the front left, and to safely drive the car.

Nevertheless, the victim G (the age of 42) who was crossing the crosswalk due to negligence of neglecting it and neglecting it, was shocked with the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the structural felbing of the body body of the left-hand body, accompanied by a felball that requires approximately 14 weeks of treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [type 1] the injury [special person] the element of mitigation of traffic accident: sources of punishment [including serious efforts to recover the damage] [the scope of the recommended area and the recommended sentence] mitigation area, the imprisonment without prison labor for one month or eight months [the grounds of suspension of execution]] (the grounds of suspension of execution of sentence]. The grounds of major pride: Members who are not subject to punishment - The grounds of general pride are clear social relation, there are no criminal records of suspension of execution or more, and comprehensive motor vehicle insurance.

3. Determination of sentence: Six months of imprisonment without prison labor and two years of suspended execution, where the victim requires 14 weeks of treatment.