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(영문) 전주지방법원 군산지원 2020.03.09 2019고단1765
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the Poter, Postoposa-fol.

On October 25, 2019, the Defendant driven the above vehicle at around 16:35, and continued to turn to the left the right at the direction of C in the direction of the shooting distance between the GS25 and the middle of the GS25 located in 248, the Hasan-si, Hasan-si.

Since there is a road near the intersection where a crosswalk is installed, there was a duty of care to safely operate the steering gear and brake system by thoroughly operating the steering room and the steering system in the front and right jum.

Nevertheless, the defendant neglected this and neglected to turn to the left and proceeded as it is, by negligence, caused the victim D (the age of 81) who was standing in the above intersection as the front part of the above vehicle to go to the ground.

The Defendant suffered injury to the victim by occupational negligence, such as the development frame of the outer reproduction of the right, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning the actual condition survey report on traffic accidents, photographs of the scene of accidents, diagnostic records, photographs, and CCTV-related visual recording data;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. The grounds for suspended sentence under Article 62(1) of the Criminal Act recognize and reflects the instant crime for the reason of sentencing, the agreement with the victim, the gravity of damage, and all the conditions of sentencing recorded in the records, such as the Defendant’s age, character, conduct and environment, and the circumstances before and after the instant crime, shall be determined as ordered in full view.

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