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(영문) 전주지방법원 2019.06.14 2018고단2703
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 a KS3 car.

On April 9, 2016, around 08:17, the Defendant, one-laned the two-lanes of the safety distance, which is located in the 33-lane of volcanic City, Jeonsan-si, Seoul, one-lane, one-lane from the c room to the 60km of the city.

Since there are no signals installed, the driver has a duty of care to prevent accidents by driving safely after checking whether a vehicle, etc. passes through the front line by temporarily stopping and checking the front line.

Nevertheless, the defendant neglected this and did not avoid the victim D (75 years of age) who is proceeding by getting a bicycle on the left-hand side from the right-hand side of the course, and had the victim go beyond the road with the front wheel part of the victim's bicycle.

As a result, the Defendant suffered injury, such as an internal cerebral cerebrovassis and spine vertebrate, focusing on the above occupational negligence. As a result, the Defendant suffered serious injury, such as causing a risk to life, causing a stery (Grade 3) disability, or causing an incurable disease due to cerebral dystrophism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition of traffic accidents, on-site and vehicle photographs;

1. Application of Acts and subordinate statutes to one copy of each medical certificate, statement of intention (whether serious injury is involved);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

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

1. Application of the sentencing criteria [Determination of the type of traffic crime] The ordinary traffic accident [Class 1] The injury by traffic accident (Special Aggravation): Where a serious injury occurs, the mitigated element: The basic area of efforts (the scope of recommending area and recommendation) to recover damage, and April through one year;

2. Sentence;

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