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(영문) 대전지방법원공주지원 2020.11.17 2020고단200
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended 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 B B B B B BT car.

On December 24, 2019, the Defendant driven the above car on December 18, 2019 and continued to proceed one way prior to C in the official zone at the official zone.

At the time, the driver of the motor vehicle had a duty of care to prevent the accident due to thorough operation of steering time and accurate operation of steering and steering devices for the driver of the motor vehicle.

Nevertheless, the defendant did not discover the warning flag of the victim D (ma, 69 years old) who was driven at the front of the vehicle due to negligence while neglecting the front-time of the vehicle and did not discover the warning flag at the front of the vehicle.

As a result, the Defendant suffered serious injury, such as injury to the victim’s cerebral brain, etc., in which approximately 24 weeks of treatment is open, due to such occupational negligence.

Summary of Evidence

1. The defendant's statement in court to the police's interrogation protocol, traffic accident report reply, and application of the law of medical certificate;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to provide community service and attend lectures;

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 by traffic accident (special-speed person], the mitigated element of efforts to recover damage: Where serious injury has occurred (the area of recommendation and the scope of recommendation], the basic area, and April through one year;

3. Determination of sentence: The sentence of imprisonment without prison labor for eight months, the age, character and conduct, intelligence and environment of the defendant, family relationship, relationship with the victim, motive, means and means of the crime as follows:

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