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(영문) 창원지방법원 통영지원 2020.06.17 2020고단271
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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-learning automobiles.

At around 18:10 on January 18, 2020, the Defendant had a road front of the 23-Annive Park 1-gil, Simyoung-si, Simyoung-si, 18:10, left directly from Csan and Myeon to the intersection in front of the D Hospital.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly drive the motor vehicle at the front and to safely drive the motor vehicle.

The Defendant neglected to do so, while driving a stroke, the Defendant shocked the F urban bus fronter driven by the victim E (year 52) who was driving one lane of the two-lanes of the yellow-line line by the negligence of strokeing the center line of the yellow-line line.

As a result, the Defendant suffered salt and tensions from the victim E, which requires approximately two weeks of medical treatment, and at the same time, the Defendant suffered injury to all six victims of the above city bus bus bus, as shown in the list of crimes attached hereto.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, black boxes, CDs;

1. Application of six Acts and subordinate statutes in writing; and

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

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

2. Inasmuch as the scope of recommending sentencing criteria is the ordinary concurrent crimes according to the sentencing criteria, the punishment shall be determined by referring to the scope of sentencing recommended by the sentencing guidelines for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims G having the largest sentencing standards.

[Determination of Punishment] The General Traffic Accidents [Type 1] No person who has injured a traffic accident [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of traffic crimes, April to one year without prison labor

3. Determination of sentence: Four months of imprisonment without prison labor and one year of suspended execution (any unfair clause).

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