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(영문) 광주지방법원순천지원 2020.10.22 2020고단2082
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a driver of the B-A-Wurd-Wurl Motor Vehicle.

On June 5, 2020, the Defendant driven the above car at around 13:38 on June 5, 2020, and led to turn to the left from the jurisdiction of the hospital D.

At that time, there were frequent traffic of vehicles and traffic signals, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely proceed as ordered by signal, etc. and prevent traffic accidents.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and received the part of the victim F (F, South and 32 years old) driving in accordance with the new code by negligence in violation of the right-hand turn, as the front-hand part of the passenger car.

As a result, the Defendant suffered injury to the victim F of the above occupational negligence, i.e., the victim’sJ (V. 60 years old), i.e., the victim’s son G (V. 60 years old), i.e., the lower part of the extraction and closure of the upper part of the ducts and the upper part of the ducts, etc. requiring approximately 8 weeks of treatment, i.e., the injury, such as the ducts and closure of the ducts that require approximately 9 weeks of treatment to the same H (V. 62 years old), i.e., the injury, such as the ducts and closure of the ducts 12 weeks of treatment, and the injury of the victim’sJ (V. 93 years old), which requires approximately 12 weeks of treatment to the same I (V. 42 years old), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F (Simplified traffic);

1. The actual condition survey report;

1. Each written diagnosis (F, G, H, I);

1. Application of Acts and subordinate statutes to a criminal investigation report (a diagnosis report on the same person and a person not subject to punishment);

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

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.

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