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(영문) 대구지방법원 2020.05.20 2020고단435
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On November 05, 2019, at around 23:10 on November 23:10, 2019, the Defendant driving an X-ray cargo vehicle, and driving a three-lane road in front of Gyeongsan City, at the lower end of 201 to the lower end of 201, but turned to the opposite lane.

Since there is a center line of yellow solid lines, the defendant engaged in driving motor vehicles has a duty of care to make a internship at the permissible point of internship.

Nevertheless, the Defendant neglected this and neglected to drive the victim D (Nam, 28 years old) driving on the opposite opposite lane due to the negligence of the U.S., and received the front part of the car as the rear wheels of the freight of the Defendant.

As a result, the Defendant suffered, respectively, the injury of NOS, etc. in a multi-time typology which requires approximately two weeks of medical treatment to the victim D due to the above occupational negligence, and the injury of the victim F, who is the passenger of the damaged passenger vehicle, to the victim F, who is the victim of the damaged passenger vehicle, about three months of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographs of the accident site;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal

1. Articles 40 and 50 of the Criminal Act dealing with common concurrences;

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 determination of types] the general traffic accident [the category 1] the injury [the special person] of traffic accident - the mitigation element: the victim also has a considerable fault due to the occurrence of traffic accident or the expansion of damage [the scope of the recommended area and the recommended sentence] mitigation area, the credit cooperative 1 to 8 months [the general person] mitigation element: the comprehensive motor vehicle insurance policy, the serious reflector - the increased factor: the serious injury not serious injury occurs.

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