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(영문) 광주지방법원 목포지원 2020.01.10 2019고단629
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 Bchip car.

On February 12, 2019, the Defendant driven the above vehicle on February 12, 2019, and proceeded along the roads in front of the rural village in Yong-gun, Chungcheongnam-gun, Seoul at the right angle from the breath bank to the breath bank.

At the same time, the two-lanes are two lanes, and the victim D (year 72) is driving a bicycle along the two-lanes prior to the moving direction, so in such a case, the driver had a duty of care to look at the front side and right side of the bicycle, such as the course of the bicycle, and to accurately operate the steering system and the steering system, and prevent the accident in advance.

Nevertheless, although the Defendant neglected this and instead changed the course from the first to the second two-lane, the Defendant was negligent in changing the course to the second two-lane to overtake the said bicycle and received the rear part of the said bicycle.

As a result, the Defendant suffered a serious injury to the victim due to the above occupational negligence during approximately 12 weeks of medical treatment due to the injury caused by the decline in recognition by the depression.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident, a traffic accident report, a photo at the scene of the accident, and a report on investigation (CCTV video recording);

1. Application of Acts and subordinate statutes to medical certificates, investigation reports (whether they constitute a serious injury), medical statements (whether they constitute a serious injury), and criminal investigation reports (Opinion on a serious injury of a victim);

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. Determination of the sentence as ordered by comprehensively taking account of the following circumstances in sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, character and conduct, family relation, and circumstances before and after the commission of the crime.

Normals which are disadvantageous to the victim: Normals which are favorable to the extent of injury suffered by the victim.

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