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(영문) 광주지방법원목포지원 2020.09.11 2020고단264
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 string three cargo vehicles.

At around 12:00 on October 7, 2019, the Defendant driven the above cargo vehicle and proceeded to turn to the left the front road of “D” located in “E” at the seat of “E”.

Since there is a yellow on-and-off signal device and a road adjacent to a crosswalk, in such a case, there was a duty of care to prevent accidents in advance, such as proceeding after checking whether a person engaged in driving service is a person who renders a way by reducing the speed and checking the right and the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded without looking at the front, and caused the victim G (ma, 54 years old) and the victim H (ma, 55 years old) who dried up the road near the crosswalk due to the front part of the said cargo vehicle.

결국 피고인은 위와 같은 업무상 과실로 피해자 G에게 약 8주간의 치료가 필요한 우측 무릎뼈의 폐쇄성 골절 등의 상해를, 피해자 H에게 약 2주간의 치료가 필요한 열린 두개내 상처가 없는 진탕 등의 상해를 각각 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. G statements;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition of the accident, a survey report, a photo on the scene of the accident, each diagnosis certificate (H, G), a report on internal investigation (with respect to image of the accident), a report on internal investigation (with respect to the point of the accident), a request for entrustment, and

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor for the selection of a punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The violation of the duty of safe driving and the injury to two victims is incurred by one of them. The results of the occurrence are significant, and no agreement is reached.

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