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(영문) 부산지방법원동부지원 2020.10.15 2020고단1449
교통사고처리특례법위반(치상)
Text

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

except that 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 car in the B-solided Track.

On May 24, 2020, the Defendant driven the above car on May 14, 2020, and traveling the 4-lane road in Busan metropolitan area C from D to E, and became a U-turn in order to proceed to the opposite lane.

Since there is a center line of yellow solid lines, there was a duty of care for those engaged in driving service to make a internship at the permissible point of internship.

Nevertheless, the Defendant neglected to do so and got the front part of the GOtoba driven by the Victim F (Nam, 30 years old) who was driving in the opposite lane due to the negligence of the U.S., the Defendant got the front part of the GOtoba in front of the passenger car.

As a result, the Defendant suffered injury to the victim, which caused approximately eight weeks of treatment due to such occupational negligence, to the upper half of the left-hand bed.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident statement prepared by the F;

1. Application of Acts and subordinate statutes to a traffic accident report (report on the actual condition), general medical certificate (F), scene photograph of the accident, a black stuff, a CD, or a black flaf photograph;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

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

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

2. The range of recommendations according to the sentencing guidelines [decision of types] the general traffic accident [Type 1] There is no person causing a traffic accident [the scope of recommendations and recommendations] [the scope of recommendations], the basic area of the traffic accident [the scope of recommendations and recommendations], the imprisonment without labor for April to one year [the general person] - the mitigation element: the purchase of comprehensive motor vehicle insurance, the serious reflectness, the absence of criminal punishment - the aggravation element that falls under the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents [the grounds for suspension of execution].

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