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(영문) 창원지방법원 진주지원 2019.06.14 2019고단147

교통사고처리특례법위반(치상)

Text

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 the operation of a dump vehicle B.

On April 17, 2018, the Defendant driven the above vehicle on April 17, 2018, and led the Defendant to drive the said vehicle on the one-lane road in the vicinity of the Jindong-gun, Jindo-ri, Jindo-ri, Jindo-ri, Jindo-ri, to C apartment bank.

A person engaged in driving of a vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brake system while living well in the front and the surrounding traffic condition.

Nevertheless, the Defendant did not look at the victim D (78 years old) coming from the road to the side of the road due to negligence while neglecting this, and did not see that the Defendant served the victim's grandchildren going beyond 10 years old as the first side of the road.

피고인은 위와 같은 업무상 과실로 피해자에게 약 8주간의 치료가 필요하고 지체장애를 수반하는 우측 손 부위 으깸손상, 엄지손가락 개방성 탈구, 장굴건 파열, 무지구근 파열, 신경, 혈관손상, 손목 요골신경, 동맥의 손상 제2수지 굴곡건 파열 등의 중상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, on-site map, photograph, and report on a traffic accident;

1. Application of Acts and subordinate statutes to medical certificates, reports on serious injuries, disability diagnosis certificates, and nursing services;

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. Article 62 (1) of the Criminal Act;

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

1. The scope of general traffic accidents according to the sentencing guidelines shall be the basic area, four months through one year, and credit cooperative;

2. Determination of sentence: - It is recognized that the degree of damage is large and that the victim did not receive his/her subscription - The vehicle is covered by the comprehensive motor vehicle insurance and has a specific amount for the victim.