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(영문) 창원지방법원 통영지원 2021.02.23 2020고단1415
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of a car in the Bland.

On September 8, 2020, the Defendant driven the above vehicle on September 10:25, 2020, and, at the speed of 30 to 40km from the middle school to the speed of 30 to 30km, entered the private distance intersection in that place.

At that time, the signal is an intersection with a signal, and at that time the signal was a red-off signal, so there was a duty of care to proceed with other traffic, such as temporarily suspending the vehicle immediately before entering the intersection and confirming whether there is another vehicle or person, etc.

Nevertheless, when the Defendant neglected to do so and without a temporary suspension and entered the intersection as is, the victim F ( South, 85 years old) who entered the upper right of the Defendant’s upper right of the road was driving from the upper right of the Defendant’s upper right of the said intersection as is.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the lower court’s left-hand body, which requires approximately 14 weeks of medical treatment.

Summary of Evidence

1. Application of the Act and subordinate statutes to the defendant's statement F of the court statement;

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)1 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 62(1) of the Suspension of Execution under Article 62 of the Criminal Act, Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of traffic crime] the ordinary traffic accident [the type 1] the injury [the person subject to special sentencing] caused by traffic accidents: The mitigated punishment (including serious efforts to recover damage) (the area of recommendation and the scope of recommended punishment]; and

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