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(영문) 전주지방법원 군산지원 2019.10.18 2019고단892
교통사고처리특례법위반(치상)
Text

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

except that the execution of the above punishment shall be suspended for 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 BP car.

On June 11, 2019, the Defendant driven the above car at around 08:40, while driving it along the two-lanes of the two-lanes near the D higher crosswalk in the Gunsan City, the Defendant proceeded along the two-lanes in the vicinity of the D higher crosswalk in the Sinsan City.

Since a crosswalk is installed at a front door, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to check well the right and the right of the road, and to prevent the accident in advance by driving the vehicle safely.

Nevertheless, the defendant neglected this and got the victim E (the age of 54) who was moving on the left side from the right-hand side by using the closed crosswalk as it was due to the negligence of the defendant's neglect.

As a result, the Defendant suffered injury to the victim, such as a flaging and closing of the L4 parts, which requires approximately 14 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of types] the general traffic accident [the person who is a special person] the injury of a traffic accident [the person who is a special person] the element of mitigation: [including a serious effort to recover the damage] [the scope of the recommended area and the recommended sentence] mitigation area, the imprisonment without prison labor for one month to eight months [the person who is a general person]] [the grounds for suspension of execution] major pride: No person who is subject to punishment or criminal punishment, - there is no history of general pride clearly, obvious social relation, serious reflectness, and no person who has been sentenced to suspension of execution.

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