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(영문) 창원지방법원 진주지원 2020.03.04 2020고단72
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On November 12, 2019, the Defendant driven a frighting car at around 07:00, and came to the direction of E village from the Sacheon-si, the front distance intersection at the Sacheon-si C.

There are signals, etc. on the front door, so there was a duty of care to prevent accidents by driving in accordance with the new code.

Nevertheless, the Defendant neglected to stop the signal even though it was red, and instead by negligence left the left from the f apartment line right side of the F apartment that is right side of the proceeding direction, and received the part of the victim G (the age 42) driving car driving seat even in front of the Defendant’s car.

The Defendant suffered injury to the victim by occupational negligence during approximately eight weeks of treatment, such as an open wife, etc. of her but not the victim who needs to be treated.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a traffic accident report, a traffic signal cycle tag, each photograph, and a diagnosis report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of general traffic accidents according to the sentencing guidelines shall be limited to the range of recommendations (type 1) and the area where the injury caused by traffic accidents is mitigated (type 1), January through August of a credit cooperative;

2. The degree of damage caused by an accident in violation of sentenced decision-making signals and the degree of damage is not easy.

However, there has been no punishment for the last ten years or more, and the vehicle is covered by the comprehensive motor vehicle insurance, and the victim is not punished by agreement with the victim.

In addition, the environment of the defendant is considered.

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