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(영문) 춘천지방법원영월지원 2020.11.17 2020고단296
교통사고처리특례법위반(치상)
Text

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

However, 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 BP car.

At around 13:10 on March 10, 2020, the Defendant operated the intersection of the private distance from C to D schools from C to D schools, 131 Haak-si, Taewon, Taewon, Taewon-si, Taewon-si.

At that time, there is a private road crossing and a place where traffic control is not performed, so there was a duty of care to safely drive the vehicle by temporarily suspending or reducing the speed of the vehicle prior to entering the intersection, and checking whether there is a vehicle entering the intersection from the left and right to the intersection.

Nevertheless, the Defendant neglected such duty of care and did not properly examine the left and left, and neglected to proceed without properly examining the left and left, caused the front wheel part of the FCA110V motor bicycle driving on the right-hand side of the victim E (Seoul, 75 years old) driving on the right-hand side in the direction-hand side of the course.

Ultimately, the Defendant suffered injury to the victim, such as the damage of acute sea water that requires medical treatment for about 32 weeks due to occupational negligence, and thereby, caused danger to life by continuing to use an artificial smoking machine due to the paralysis and the impossibility of self-sufficiency.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to actual condition survey reports, on-site photographs, internal investigation reports (related to the DR for a Radrid car), traffic investigation EDR analysis reports, investigation reports (related to serious injury), diagnosis reports, general opinion, and traffic accident analysis reports;

1. Article 3 (1) and Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 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] shall be the injury of traffic accidents in general.

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