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(영문) 광주지방법원 목포지원 2019.10.29 2019고단328
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving a B multilateral car.

On February 3, 2019, the Defendant driven the above vehicle at around 12:40, and started two-lanes of the two-lane road in front C in front of Fagpo City, along two-lanes from the dong name passenger ship terminal at the same time, and started to make an internship.

At this point, there was a place where the center line of the yellow-ray was installed, so in such a case, there was a duty of care to make a person engaged in driving service thoroughly and to make a internship at the place where the internship is permitted.

Nevertheless, the Defendant neglected to do so and received the front part of the Defendant’s vehicle as the front part of the victim D (the age of 84) who was a road on the left-hand side from the right-hand side of the Defendant’s proceeding direction by his negligence beyond the center line.

As a result, the Defendant suffered injury to the victim under the above occupational negligence, which caused about 12 weeks of medical treatment to the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes to investigation reports (related to serious injury), diagnosis reports (D), and medical statements (whether to cause serious injury);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of traffic accidents in general: [Type 1] There is no person causing a traffic accident [the scope of the recommended area and the recommended punishment] [the scope of the recommended punishment], the basic area of the traffic accident [the scope of the recommended area and the recommended punishment], four months to one year [the general person], the credit cooperative for April to one year [the mitigated element] - the comprehensive motor vehicle insurance policy - the increased factor: Where a serious injury other than a serious injury occurs, or where the case falls under the proviso to

3. Determination of sentence: Six months of imprisonment without prison labor and one year of suspended execution;

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