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(영문) 청주지방법원 제천지원 2021.02.25 2020고단479

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a PPP vehicle B.

On August 29, 2020, the Defendant driven the above vehicle at around 1:03, and turned to the left at an irregular speed from D, the intersection of the shooting distance in front of C at the Cheong-dong Administrative Welfare Center at D level.

In this case, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident by safely driving the vehicle after checking whether the driver of the vehicle does not have a vehicle that is directly engaged in the front side and the left side on the road where the signal, etc. is installed.

Nevertheless, the Defendant neglected this and did not properly look at the unprotected left-hand turn without being negligent, and received the front part of the FGVL125 motor bicycle front part of the victim E ( South, 68 years old) who was working in accordance with the new code on the road at which he was placed, as the front part of the left-hand part of the Defendant’s car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as c, 4, and 5 duballs, telegraph maf, cerebral flag, cerebral flag, brain flag, and brain function.

Summary of Evidence

1. Application of the Act and subordinate statutes to a report on the investigation into the scene of a police statement prepared by the Defendant’s legal statement H, on-site photographs, to take CCTV images images, and to report the investigation into the victim’s images (report on the monetary results to verify the status of the victim

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, sex, family environment, motive, means and consequence of the crime, and various sentencing conditions as shown in the records and arguments, such as the circumstances after the crime.

The injured party shall be deemed to have a disadvantageous condition.