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(영문) 춘천지방법원 강릉지원 2019.06.11 2019고단459
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle of B-Wood motor vehicle.

At around 22:10 on September 6, 2018, the Defendant came to turn to the left at an irregular speed in the direction E when the two-lane roads in front of D in East Sea C are proceeding along one lane.

At the same time, the right-hand turn is installed at a crosswalk at the right-hand turn, so in such cases, there was a duty of care to check whether a person engaged in driving service has a right-handle by reducing the speed and checking well the right-hand and right-hand side and drive safely.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the Defendant’s vehicle, which led to the buckbucks part of the victim F (years 65) in which the crosswalk was opened on the right side, to the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as sexual intercourse, which caused the victim to suffer from the injury of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A medical certificate;

1. A survey report on actual condition, map of the scene of an accident, and photograph of the scene of an accident;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to report on investigation (including treatment for victims), investigation reporting (verification of the current status of a victim);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: One month to five years;

2. Extent of recommendation [decision of type] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] causing traffic accident (special person] and the element of mitigation of punishment (including serious efforts to recover damage): In cases where serious injury has occurred (the scope of recommendation field and recommendation type], the basic area of punishment and imprisonment without prison labor.

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