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(영문) 창원지방법원 진주지원 2020.02.20 2019고단1252
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B car free car.

At around 01:03 on August 17, 2019, the Defendant came to turn to the left from the Emline to the F elementary intersection.

At the time, there are nights, and there is an intersection where signal lights are installed on the front door, and thus, the driver of the motor vehicle has a duty of care to prevent accidents by driving the motor vehicle on the front door and right door and right door to the person engaged in the operation of the motor vehicle and driving the motor vehicle as

Nevertheless, the Defendant’s occupational negligence, which entered the intersection and left left the left while the signal of the front is yellow, led to the front side of the Defendant’s vehicle, which was driven by the victim G(16 years of age) who was driven by the straight line from the opposite direction of the Defendant’s vehicle, with the front side of the Defendant’s vehicle.

Ultimately, the Defendant suffered from a serious injury, such as a ductating the ductal of the closed duct which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written opinion on serious injury;

1. Application of the Acts and subordinate statutes to traffic accident reports, photographs at the scene of the accident, investigation reports (in relation to the application of signal), CCTV at the scene of the accident, and black and video CD-related images of the vehicles involved in the accident;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) and 3 (1) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor or

1. Aggravation of the punishment according to the sentencing guidelines [the scope of recommendations] according to the sentencing guidelines for traffic crimes: General traffic accidents [the category 1] causing traffic accidents (the special sentencing person]: Where serious injury occurs (the scope of recommendations and recommendations], the area of increase (the scope of recommendations and recommendations) and August through two years;

2. The driver shall drive a motor vehicle in violation of sentencing decision signals;

The degree of negligence of the defendant who caused the traffic accident in this case, the victim suffered serious injury, the victim was not agreed with the victim, and the victim wanted to be punished by the defendant.

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