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(영문) 전주지방법원 남원지원 2020.05.19 2019고단301
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 who is engaged in driving a B knife vehicle.

On October 12, 2019, the Defendant, at around 11:25, proceeded with a road of 284 Do from the border to the center of the border.

Since there is an intersection where signal lights are installed, there was a duty of care for those engaged in driving of a motor vehicle to live well on the right and the right of the motor vehicle, and to prevent accidents by safely driving the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and did not stop even if the electric signal was changed to the red signal, and continued to stop, and the victim C (55 years old) who proceeded to cross-section from the right side of the defendant's proceeding to the left side of the road with the cross-section in accordance with the new code was shocked.

After all, the Defendant caused the victim to suffer injury due to the above occupational negligence, such as cerebral cerebral cerebral cerebral cerebral leap, which requires medical treatment for about 20 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written entrustment, a written diagnosis;

1. Application of Acts and subordinate statutes to field photographs, black boxes video CDs;

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

1. Article 62(1) of the Criminal Act on the suspension of execution (hereinafter “the grounds for the suspension of execution”)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] of the punishment for a traffic accident (the first type) and the mitigated element of a traffic accident: In cases where a serious injury occurs (including serious efforts to recover damage): the basic area of the recommendation and recommendation [the scope of the recommended sentence], the basic area of the imprisonment without labor for four months to one year;

3. Determination of sentence: One year of imprisonment without prison labor, two years of suspension of execution, taking into account the following circumstances, and the age and environment of the defendant;

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