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(영문) 대전지방법원 2021.01.27 2020고단5145
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a passenger car in B B in the Gu.

On October 22, 2020, the Defendant driven the above vehicle at around 09:30 on October 22, 2020, and continued to turn to the left at the seat of Sejong-ri-ri 880-1 National Arboretums at the time of Sejong-ri at the time of Sejong-ri.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive a motor vehicle in accordance with the new code by accurately manipulating the front door and the left and right of the motor vehicle driver and accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected this and caused the front part of the E-Poter cargo vehicle that was driven by the victim D ( South, 46 years old) who was under way according to the straight line due to the negligence of the left turn at the straight line of both direction, and the front part of the E-Poter vehicle that was driven by the victim D ( South, 46 years old).

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the right one-four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Report on internal investigation (to telephone communications of a victim);

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to attend lectures;

1. The scope of the recommended punishment according to the sentencing guidelines [type 1] The ordinary traffic accident victim [type 1] the injury [the person subject to special sentencing] - the element of mitigation: the scope of punishment [the area of recommendation and the scope of punishment] mitigation area, January through August of the credit cooperative [the person subject to general sentencing] - the mitigated element: the purchase of comprehensive motor vehicle insurance, the serious reflect nature - the aggravated element: the occurrence of serious injury other than the injury, or other cases falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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