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(영문) 청주지방법원 충주지원 2017.05.31 2017고단188
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 construction machinery B.

On November 10, 2017, the Defendant, around 10:15, proceeded with the distance of the head office to 40 km in Si/Eup/Myeon from the large-face bank to the two-lane of Si/Gu Do Do Do Do Do Do Do.

At the time, the intersection is where signal lights are installed, so the driver has a duty of care to drive in accordance with the protection of the front bank.

Nevertheless, the Defendant neglected this and followed the Defendant’s failure to proceed with a direction-setting signal, and caused the Defendant to shock the front side of the Victim C(54) driver’s seat of the Defendant’s dump truck (54) driving, which was proceeding in green signals from the king of the king-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

결국 피고인은 위와 같은 업무상 과실로 피해자로 하여금 약 8 주간의 치료를 요하는 강 내로의 열린 상처가 없는 결장의 손상, 으깸 등의 상해를 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Report on the actual survey report and the results of investigation;

1. A traffic signal control mark;

1. On-site photographs and black stuff images;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

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

1. Application of the sentencing guidelines [the types] traffic crimes, general traffic accidents, and type 1 (the injury of a traffic accident) (the person subject to special sentencing] increased factors: Reduction factors where an injury occurs among the factors subject to aggravated punishment: The basic area of punishment not (the scope of determination and sentencing in the area of recommendation], and April-1 year without prison labor;

2. Circumstances disadvantageous to the determination of sentence: The defendant was negligent in causing a traffic accident in violation of the signal, and the circumstances in which the victim was injured by the crime of this case: The defendant recognized the crime of this case, and the defendant is the defendant.

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