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(영문) 창원지방법원 밀양지원 2019.05.14 2019고단100
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 low-speed car B.

On January 17, 2019, the Defendant driven the above vehicle on January 17, 2010, and driven it to Cheongdo-gun from the right side of the upper Do Public Security Center to the Cheongdo-gun.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, the Defendant neglected this and proceeded with the center line while driving a stroke, and was completely driven by the victim D (year 72) who was normally going on the opposite stroke line, as the front part of the E QM5 car operated by the Defendant.

As a result, the Defendant suffered, by such occupational negligence, injury to the victim D, such as the bones of bones, etc. requiring medical treatment for about 12 weeks, and injury to the victim F (V, 65 years of age) who was on the part of the damaged vehicle, including the left-hand gate of the back wall that requires medical treatment for about 13 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Statement on the occurrence of traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative 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. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. Determination of sentence: Two years of suspension of execution in August of imprisonment without prison labor;

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