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(영문) 수원지방법원 성남지원 2019.05.16 2018고단2746
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of concrete mixed trucks B.

On September 5, 2018, the Defendant driven the above truck on September 19, 2018, and was driving the three-lane road, front of the entrance of the D in Gwangju City, to the Gwangju City.

Since there is a center line of the safety zone of yellow-ray, a person engaged in driving service has a duty of care to make a safe internship in the U.S. permitted section.

Nevertheless, the Defendant neglected to do so and caused the Defendant to have the front part of the Defendant’s right-hand panion of the vehicle, which was driven by the victim E (the age of 27) who was in the opposite lane due to the negligence of the central line and carried by the U.S. driver’s negligence.

결국 피고인은 위와 같은 업무상의 과실로 피해자 E에게 약 16주간의 치료를 요하는 좌측 대퇴골 간부 분쇄 골절 등의 상해를, 피해 차량에 동승한 피해자 G(여, 27세)에게 약 16주간의 치료를 요하는 흉강내로의 열린 상처가 없는 폐의 기타 손상, 으깸 등의 상해를, 피해 차량에 동승한 피해자 H(여, 28세)에게 약 12주간의 치료를 요하는 제1번 경추 골절 등의 상해를 각각 입게하였다.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each written diagnosis;

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

1. Application of Acts and subordinate statutes to the scene of an accident, photographs of a vehicle involved in an accident, CCTV image closures, and victims' photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with the largest penalty);

1. Grounds for sentencing of selective imprisonment without prison labor;

1. The scope of the recommended sentence according to the sentencing criteria (the determination of types) shall be the general traffic accident;

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