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(영문) 전주지방법원 2020.05.26 2019고단1421
교통사고처리특례법위반(치상)
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for six months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B and B.

On July 2, 2019, the Defendant driven the above cargo vehicle around 09:40, and proceeded to move the ancient distance from the front line to C from the front line of the front line of the front line of the Jak-gu, Seojin-gu.

Since there is an intersection where a signal is installed, there was a duty of care to accurately check the front signal to a person engaged in driving of a motor vehicle and to prevent accidents by proceeding in line with good faith.

Nevertheless, the Defendant neglected this and continued to go beyond the stop line, and caused the victim to go beyond the ground by taking the right side of the victim D (year 72) driving on the right side of the road from the left side of the Defendant’s proceeding direction, where the Defendant neglected to go beyond the stop line, and caused the victim to go beyond the ground.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the so-called so-called the so-called so-called the so-called so-called the so-called the so-called the so-called so-called the so-called the

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, photographs on accident site, and diagnostic certificates;

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

1. Not more than five years of imprisonment without prison labor, the scope of punishment by law;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, shall be considered as the sentence.

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