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(영문) 광주지방법원 목포지원 2020.07.24 2019고단1339
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 of Bunst-Pacific cargo vehicles.

On August 8, 2019, the Defendant driven the above cargo vehicle around 14:45, the Defendant continued to drive the above cargo vehicle at the speed of about 50 to 60km in the speed of the city, between the two-lanes along the distance of the road between the south and the southwest of the Sinsan-si 23, Young-si, Young-si.

Since there is an intersection where signal apparatus is installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents such as safe driving by complying with the signal apparatus's instructions.

Nevertheless, when the Defendant neglected this and proceeded with red stop signal as it is, the Defendant was negligent in driving it on the red stop signal, and the Defendant was the victim C (Nam, 69 years old) who was crossinged the bicycle lane along the crosswalks from the street of the red sloping to tinsan, and got the victim C (Nam, 69 years old) in front of the truck of the Defendant.

Ultimately, the Defendant suffered injury, such as pressure 1, which requires approximately 12 weeks of treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement related to C and D;

1. Report on the occurrence of a traffic accident, the actual condition investigation report, and the evidence and photograph of a traffic accident;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning 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 one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. Determination of sentence: Six months of imprisonment without prison labor and one year of suspended execution;

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