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(영문) 전주지방법원 2021.03.10 2020고단2373
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 the B1 ton cargo vehicle.

On June 29, 2020, the Defendant driven an above cargo vehicle on or around 11:45, and twit ginseng located in 660-6, i.e., the Eup/Myeonn-gun, Yongsan-gun.

On the other side of the magal bridge, the distance was driven along the two-lanes of the two-lanes from the magal bridge, and the opposite Magal, the Magal, the opposite Magal, was turned to the egal bridge.

There are three-distance crossings where signal lights are installed, and there is no permission area for U-turns, so the driver had a duty of care to prevent accidents in advance by driving safely, such as complying with signal signals, cautioning drivers, and U-turns in areas where U-turns are permitted.

Nevertheless, even though he neglected this, he entered the three-distance as it was in violation of the signal while the signal was a stop signal, it was shocked to the left side of the cargo vehicle operated by the Defendant, with the part of the victim C ( South, 47 years old) driving, which is directed toward the string from the side of the magalbridge, driving D T1125 Obaba, the front wheel part of the victim C ( South, 47 years old) driving.

Ultimately, the Defendant, by occupational negligence, sustained injury to the above C, such as salt, tensions, etc. of a shoulder pipe that requires approximately two weeks of medical treatment, and injury to the victim E (the age of 39) who was on board the back of the above amba, due to approximately 32 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A report on the occurrence of a traffic accident and a report on actual investigation;

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. The scope of punishment recommended according to the sentencing criteria; and

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