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(영문) 창원지방법원 진주지원 2021.03.25 2020고단1687
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 a period of 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 Bchip car.

On July 5, 2020, the Defendant driven the above car at around 13:09 and proceeded along two lanes from the side of D elementary school to E.

At the time, there was an intersection where signal lights are installed, so in such a case, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle in accordance with the signals and the speed of the driver.

Nevertheless, the Defendant neglected this and got the victim to go beyond the ground floor by neglecting the stop signal of the front side and entering the intersection as it is, by negligence, coming from the right side of the Defendant’s front side and going to the intersection by the victim F ( South, 39 years old) who entered the intersection in accordance with the new subparagraph. G WW125 Oba, which driven by the Defendant’s front side of the passenger car, was the front side of the Defendant’s front side of the vehicle.

As a result, the Defendant suffered injury to the victim, such as the frame, closure, right-hand, etc. of the head of the off frame, which requires approximately seven weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes related to the reporting of each traffic accident by the defendant's legal statement H, diagnosis, scene photographs of the accident, and photographs related to the accident;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the type of traffic crime] shall be limited to the ordinary traffic accident [the type 1] causing a traffic accident [the special sentencing person] mitigated element: The aggravated element of punishment is not punishable (including a serious effort to recover damage): the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (excluding subparagraph 8).

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