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(영문) 대구지방법원 포항지원 2019.06.13 2019고단191
교통사고처리특례법위반(치상)
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for four months.

However, the above sentence shall be executed 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 e-sports cargo vehicle B.

On November 6, 2018, the Defendant driven the above cargo vehicle on the 17:33th day of 2018, while proceeding one-lane road in the south-gu C in the direction of D Hospital from the surface of the effective automatic rail.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to operate the motor vehicle thoroughly and safely.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the center of the D Hospital physician’s company, caused the victim E (the 58-year-old driving) driving in the direction of the D Hospital’s company. The Defendant got the front part of the FCA110V motor bicycle driving in the direction of the victim E (the 58-year-old driving) to go beyond the road.

Ultimately, the Defendant suffered injury, such as a shoulder dynasium that requires approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. A medical certificate;

1. Application of each statute on photographs;

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

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

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

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range], basic area, April through one year without prison labor.

3. Selection of a sentence of imprisonment without prison labor in consideration of the fact that the defendant's negligence and the result of damage are not easy, and that there is no agreement with the victim, and that the defendant reflects the error in depth, that the vehicle of the defendant is covered by a comprehensive insurance, and that there is no same criminal record.

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