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(영문) 청주지방법원 충주지원 2019.11.27 2019고단371
교통사고처리특례법위반(치상)
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for four months.

Reasons

Criminal facts

The defendant is a person who is engaged in dump truck driving.

On February 19, 2019, at around 08:05, the Defendant driven the above truck and continued to run the front of the bottled car distance 24 - 4-h from the remote intersection to the remote intersection.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive a person engaged in driving according to the signals by checking well the right and the right of the driver.

Nevertheless, the Defendant neglected this and got a two-wheeled automobile for the victim C(70 years old) who was proceeding under green signals from the king-Eup Myeon of Mak-gu, Mak-gu.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which did not go to the left-hand side in need of medical treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reporting on the occurrence of a traffic accident;

1. The actual condition survey report;

1. Inquiry into the enemy;

1. A medical certificate;

1. An accident site photograph;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the reason for sentencing of imprisonment without prison labor: The defendant in April shows his/her attitude to recognize and reflect his/her mistake in this court.

However, considering the degree of the defendant's duty of care and the degree of the victim's injury that is cut off, the nature of the crime is bad.

The defendant was unable to receive suspicion from the victim.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and arguments, such as the age, family relations, environment, and attitude after the crime.

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