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(영문) 대구지방법원 2020.06.03 2019고단5764
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2019, at around 06:15, the Defendant driven B B Poter II, and proceeded one lane in the front of Yongcheon-si, Young-si, with the roads from the D community hall to the E middle school bank.

Since there is a center line of yellow-ray, the defendant engaged in driving of the motor vehicle has a duty of care to thoroughly drive the motor vehicle on the front side and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and tried to overtake GOba in the victim F (ma, 77 years old) drive, which was going ahead of the center line, and caused the left-hand turn from the right-hand side of the Defendant’s cargo vehicle to the left-hand turn at the right-hand side of the cargo vehicle.

Ultimately, the Defendant suffered injury to the victim through occupational negligence as seen above, such as the right-hand side abandonment abandonment, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

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

1. Photographs of the accident site;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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 range of recommendation according to the sentencing guidelines [the determination of types] the general traffic accident [the category 1] the injury (the special person concerned] of a traffic accident - the mitigation element: where the victim has a considerable negligence due to the occurrence of a traffic accident or the expansion of damage [the scope of recommendation area and recommendation area] mitigation area, the credit cooperative 1 to 8 months [the general person concerned] - Where a serious injury which is not a serious injury occurs, or where the victim falls under the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, probation shall be suspended.

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