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(영문) 광주지방법원 순천지원 2020.06.12 2019고단2619
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B and B.

On September 20, 2019, the Defendant driven the above cargo vehicle at around 17:50, and proceeded along the intersection of the front distance of D in Mineyang City C from the e station to the F bank in the e station.

At this point, since it is a private-distance intersection that operates a red on-and-off light, there was a duty of care to temporarily stop to a person engaged in driving of a motor vehicle and to prevent accidents in advance by safely operating the motor vehicle.

Nevertheless, the Defendant neglected this and did not temporarily stop in front of the red on-and-off flashing light and did not proceed as it is, and instead, received the right side of the HM5 passenger driving on the right side from the left side of the proceeding direction by the victim G (55 years old) as the front side of the cargo of the Defendant.

Ultimately, the Defendant suffered damage to spine vertec, which requires approximately eight weeks medical treatment to the victim due to such occupational negligence, brain-dead spawn, and spawn spawn spawn which do not have any mere in two open organs, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) and (2) (2)

1. Evidence and photographs of the traffic accident site;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (victim's telephone statement and payment of physical damage);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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. The scope of recommendations according to the sentencing guidelines [the determination of types] the general traffic accident [the category 1] the injury [the special person] of traffic accident: the mitigation element: the mitigation range [the scope of recommendations and recommendations] mitigation range, the mitigation range [the general person] mitigation range, the credit cooperative from January to August [the general person] mitigation element: the comprehensive motor vehicle insurance policy - the aggravation factor: the serious injury not serious injury occurred, and Article 3 of the Special Act on the Settlement of Traffic Accidents.

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