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(영문) 광주지방법원 목포지원 2020.07.24 2019고단1356
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 of B 2 cargo vehicles.

On September 27, 2019, the Defendant driven the above cargo vehicle on September 27, 2019, and came to go straight from the seat of the Sinan-Eup to the 60km speed from the seat of the Sinan-gun at the time of the cancellation of the horizontal distance.

At this point, there was a duty of care to prevent accidents such as the safe driving of a motor vehicle by observing the traffic signal, since the signal was an intersection installed.

Nevertheless, as the Defendant neglected to do so and due to the negligence of having come to the right side of the cargo of the Defendant, the victim C (Nam, 65 years old) who entered the port from the right side of the Defendant to the port by the Mad green signals, was placed in front of the right side of the cargo of the Defendant.

Ultimately, the Defendant suffered approximately six weeks of medical treatment due to the above occupational negligence, such as cage cages, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, an on-site photograph of the traffic accident, and a signal cycle tag;

1. A medical certificate (C);

1. Application of investigation reports (ATV image attachment), CCTV video CD-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, 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, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

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

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