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(영문) 전주지방법원 군산지원 2019.10.25 2019고단1186
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 Bmerc truck wing wing vehicle.

On August 19, 2019, the Defendant driven the above vehicle at around 13:00, while driving the said vehicle, the Defendant proceeded along the two-lanes of the two-lane distance intersection from the offside of the gold distance to the offside of the next city.

Since there was an intersection where signal lights are installed, a person engaged in driving service has a duty of care to accurately operate, steering, and brakes, and to safely drive in accordance with the signals, the person engaged in driving service has a duty of care.

Nevertheless, the defendant neglected this and went into the right side of the driver's vehicle by the negligence of failing to comply with red signal and entering the intersection as it is and going normally from the right side of the course to the left side of the victim D(55 years old)'s E-learning car driving which was normally done by green signal.

Ultimately, the Defendant suffered injury to the victim, such as the pressure pressure 12 times, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police 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 determination of types] the general traffic accident [the category 1] the injury [the special person] of traffic accident - the mitigation element: sources of punishment [including serious efforts to recover the damage] [the scope of the recommended area and the recommended punishment] [the scope of the recommendation range] mitigation area, one month to eight months [the general person]] of imprisonment without prison labor (the grounds for suspension of execution] - The major reasons for suspension of execution: No person who has no record of punishment or criminal punishment; the general person reasons for suspension of execution: social pride.

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