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(영문) 전주지방법원 정읍지원 2018.06.12 2018고단50
교통사고처리특례법위반(치상)
Text

The imprisonment without prison labor for the accused shall be determined by ten months.

except that the above sentence shall be executed 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 dump truck.

On December 7, 2017, the Defendant driven a dump truck on or around 10:00 and proceeds from the road in front of the “D” located in Go Chang-gun C from the west-gun to the Go Chang-Eup/Myeon, while neglecting his/her duty of care in the front direction while he/she gets into the front direction, and was driving by the victim E (25 years old) (a victim E (25 years old) who was driving in the opposite direction while driving the dump truck.

F The front part of the Franc Kaymp knife dump truck was charged with the front part of the dump truck, and the victim suffered injury, such as a sump sump sump sump sump sump, which requires about 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommended punishment] In the case where the illegality in the proviso of Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Punishment of Traffic Accidents (eight months to two years) is serious (the person subject to special aggravated punishment] (the decision of sentence] as follows, and the defendant's age, occupation, criminal record, environment, etc. are determined by comprehensively taking account of various factors of sentencing such as the following circumstances and the defendant's age, occupation, criminal record and environment.

The favorable normal defendant shows an attitude to reflect the crime, and the damage recovery is expected to be done to some extent due to the insurance purchased by the defendant vehicle.

The delay of the victim became the cause of the expansion of damage.

The defendant intentionally intrudes the central line against the unfavorable normal defendant.

The degree of traffic accident is heavy and the victim suffers serious injury.

A injured person is punished for the defendant.

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