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(영문) 의정부지방법원 2020.10.26 2020고단3351
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 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 a car in B T-gu.

On March 16, 2020, the Defendant, at around 14:16, 2020, proceeded in the direction of the crd in the direction of the crd in front of the Chungcheongnam-gun, Chungcheongnam-do, in order to proceed to the opposite line.

At that time, since there is a road where the center line of yellow-ray is installed, there was a duty of care for a person engaged in driving a motor vehicle to make a U.S. internship at the permissible point of practice.

Nevertheless, the Defendant neglected this and got the victim D (Nam, 64 years old) driving B Oba, which was driven in the opposite opposite lane due to the negligence of the U-turning the central line, as the front part of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the head of the right fluor who is in need of treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A report on the occurrence of a traffic accident, a traffic accident report (1) (2) and a traffic accident report (2) (2) ;

1. An accident scene photograph;

1. Application of each written diagnosis (D) statute;

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;

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. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] the injury [special person] caused by traffic accident (including serious efforts to recover damage): Reduction element of punishment: In cases of serious injury (including serious efforts to recover damage): Basic area of recommendation and recommendation range], in cases of serious injury (the scope of recommendation area and recommendation range), in April through one year;

3. Determination of sentence: In six months of imprisonment without prison labor, one year of suspended sentence was the victim who was committed in the opposite lane due to the negligence of the defendant who invaded the central line.

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