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(영문) 전주지방법원 2020.06.03 2019고단2137
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 service of the 16-person city bus.

On October 17, 2019, at around 10:55, the Defendant continued to drive at a speed near Kim Jong-si by straighting from D to E on the non-section.

At this point, there is a three-distance intersection where no signal is installed in the front and there is a yellow-ray center line. In such a case, the driver of the vehicle has a duty of care to prevent accidents, such as: (a) the driver of the vehicle well sees the front line; and (b) the driver of the vehicle does not overtake the vehicle at an intersection or any other place where overtaking is prohibited; and (c) the driver of the vehicle has a duty of care

Nevertheless, the Defendant neglected to do so and, in order to overtake G Poter cargo vehicles driven by the victim FF (year 73) who was going directly in the same direction as seen earlier, received the part on the side of the driver’s seat of the said Poter, which was left left to the left at the intersection where the passing is prohibited by negligence going through the intersection, which is the place where overtaking is the place where overtaking is prohibited.

The Defendant suffered from an injury, such as an cerebral cerebral cerebral cerebral cerebral cerebral cerebral exacy, focusing on the fact that the victim suffered approximately four weeks of medical treatment by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding F;

1. A report on investigation (the analysis of Defendant's motor vehicle records and video images);

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to accident scene and vehicle photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 and 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime, 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. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be limited to the general traffic accident [the category 1], and the injury (the person who is a special person] of traffic accident.

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