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(영문) 창원지방법원 통영지원 2020.06.23 2020고단185
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 K5-car.

On December 25, 2019, the Defendant proceeded to turn to the left at a efic speed from the Eficien plane of the front road of the Silyoung City on December 19:30, 2019.

At the left side of the defendant at the time, the victim F (F, South, 64 years old) installed the truck and was sitting down on the road to set up the string of the floor, so in such a case, the driver of the vehicle has a duty of care to accurately operate the steering wheel, brakes and other devices of the vehicle and to prevent the accident in advance by safely reporting the traffic situation on the front side of the vehicle.

Nevertheless, the defendant neglected this and did not discover the victim and proceeded to the left without finding the victim, and caused the fault that led to the front side of the driver's seat of the defendant, leading the victim to the right bridge.

As a result, the Defendant suffered injury to the victim, such as double-duplicating, singinging, closing, etc., which requires treatment between approximately eight weeks in occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Scenesics of the accident site, documentary evidence, photographics, and CCTV closure photographs;

1. CCTV CDs;

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

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. 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. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] and the injury (special-speed person] caused by traffic accident: Where the injured party has a substantial negligence in the occurrence of traffic accidents or the expansion of damage (the scope of recommendation area and recommendation area] mitigated area, and one month through August of a credit cooperative;

3. Determination of sentence: Within the scope of six months of imprisonment without prison labor and one-year sentencing guidelines for suspended execution, the extent of damage caused by the instant accident may not be specified.

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