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(영문) 광주지방법원 순천지원 2021.02.25 2020고단1474
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above sentence shall be suspended for 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 of B Poter cargo vehicles.

On April 25, 2020, the Defendant driven the above cargo vehicle parked at the residence of the Defendant located in Bosung-gun C prior to the point of view on April 14:17, 2020, and led the Defendant to walk ahead of it to E in the direction of the D Village.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to protect the center line and safely proceed to the right side of the road.

Nevertheless, the Defendant neglected this and failed to discover GINIJET Ora, which was driven by the Victim F ( South, 39 years old) who was driving from the e village to D village due to the negligence of breaking the central line, and caused the victim to go beyond the ground by shacking the front wheels of MINIET.

Ultimately, Defendant 1 suffered injury, such as the wall and the vertebro (vertebrate) in the right-hand part of the victim in need of approximately 14 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made by the victim F, traffic accident investigation report, traffic accident actual condition investigation report, and photographs at the scene of traffic accidents;

1. Relevant legal provisions of the relevant criminal facts, Article 3(1) and the proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 62(1) of the Criminal Act, the grounds for sentencing under Article 62(1) of the Criminal

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] The ordinary traffic accident [type 1] The person causing a traffic accident [the person subject to special sentencing] is not subject to punishment [the area of recommendation and the scope of punishment], the area of mitigation [the scope of recommendation and the scope of punishment], the area of reduction from January to August of the credit cooperative [the person subject to general sentencing] - The mitigated element of motor vehicle comprehensive insurance.

3. The defendant who has rendered a sentence of sentence shall crossde-be.

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