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(영문) 전주지방법원 정읍지원 2018.06.19 2017고단348
교통사고처리특례법위반(치상)
Text

The sentence of imprisonment without prison labor for defendants shall be determined by one year.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C-wing cargo vehicle.

On January 19, 2017, the Defendant driven an above cargo vehicle on the 16:20 on January 19, 2017, and led to the left-hand turn from the necking side to the sex hospital.

At the time, in the left side of the defendant's driving direction, the victim F (F, 56 years old), the victim G (F, 34 years old) was loaded in the wheelchairs and pushed the wheelchairs into the two hand, and thus, the driver engaged in driving service was obliged to take a duty of care to prevent the accident by driving the wheel and driving the wheel.

Nevertheless, the defendant neglected this and caused the victims to go beyond the ground floor by shocking the left side of the above wheelchairs by the negligence of the left-hand turn.

As a result, the Defendant suffered, by its occupational negligence, the injury to the victim F, such as salt, tensions, sweet, tensions, and so on, about 14 weeks of treatment to the victim G, respectively, and the injury to the left-hand pelle that requires approximately 14 weeks of treatment to the victim G.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A written statement;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against G with heavier penalty);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] In the case of injury in the aggravated area (8 months to 2 years) of the first type of traffic accident (the injury caused by traffic accident) [the special aggravated person] [the decision of sentencing] [the victim G voluntarily walked at present due to the instant traffic accident].

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