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(영문) 청주지방법원 2020.08.27 2019고단2649
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 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 W125 Orala driving.

On September 28, 2019, the Defendant driven the above Oral Ba on September 20, 2019, and driven the road in front of the Cheongju-si, U.S. C. on the surface of the cell house from the bank to the D apartment room.

In such a case, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the steering side and the steering gear of the vehicle and accurately operating the steering direction and the steering system.

Nevertheless, the defendant's negligence caused the driver's failure to drive it on the left side of the victim E (the 52-year-old driver's 52) driving in a direct manner from the right side of the running direction of the defendant to the left side of the defendant's driving.

The Defendant, by negligence in the above occupational negligence, suffered from the bottom of both the bones and bones of human being in need of approximately eight weeks of medical treatment.

Summary of Evidence

1. Witnesses G and E respective legal statements;

1. Written estimate, photographic actual condition survey report, and accident site photograph of the damaged vehicle;

1. Application of Acts and subordinate statutes of the medical certificate (E);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. A suspended sentence under Article 62(1) of the Criminal Act denies a crime while disputing the rate of fault in sentencing, and it appears that the defendant did not agree on the agreed amount due to differences in opinion on the agreed amount. However, considering the fact that the defendant has no criminal record for the same kind of crime and that the accident is covered by the liability insurance, the following factors are considered: the defendant’s age, character and conduct, environment, and circumstances after the crime, and all of the sentencing factors specified in the records and arguments of this case shall be determined as ordered

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