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(영문) 전주지방법원 2021.01.27 2020고단2186
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B-on cargo vehicles.

On August 20, 2020, the Defendant driven the above cargo vehicle around 14:10, and proceeded one lane of the three-lane road in front of Seojin-gu, Seojin-gu, D elementary school to the E hospital room in front of the Gu. On August 20, 202, the Defendant got to turn to the left at the rear door of the F apartment.

At this point, there was a crosswalk without signal apparatus at a front door, so the driver had a duty of care to safely drive the driver by checking the front door and the left and the right of the driver, and by checking whether there is a person who gets on the crosswalk.

Nevertheless, the Defendant neglected to turn back to the left without neglecting this, and found out the victim G ( South, 79 years old) to the left left at the right side of the front side of the road, and received the victim from the front part of the cargo vehicle.

Defendant 1 suffered injury to the victim due to the above occupational negligence during approximately nine weeks of medical treatment, i.e., the left-hand laverization laver.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement hearing report to G, a fact-finding report on the occurrence of traffic accidents, and a diagnosis report on the occurrence of traffic accidents;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [type 1] The ordinary traffic accident [type 1] the injury [special sentencing person] caused by traffic accidents: The mitigated punishment area (the scope of the recommended area and the recommended punishment], the mitigated punishment area, and January through August of the credit cooperative;

2. Determination of sentence: Status at the time of the traffic accident as stated in the judgment, content and degree of damage of the defendant's breach of duty of care, circumstances after the crime (the comprehensive motor vehicle insurance in which the defendant has joined is treated as the victim, and the insurance company separate therefrom;

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