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(영문) 광주지방법원 순천지원 2021.03.18 2020고단2886
교통사고처리특례법위반(치상)
Text

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

except that the execution of the above sentence shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On October 16, 2020, the Defendant driven the above cargo vehicle at around 11:27, and had a three-distance intersection in e.g., Eupn-ri, e., e., e., e., e., e., e., e., e., e., e., e., e., e.

Since there has been a central line, there was a duty of care to prevent accidents in advance by operating the steering direction and operation of the steering system without harming the central line, and as a person engaged in driving a motor vehicle, he had a duty of care to prevent accidents.

Nevertheless, the defendant, who caused the center line to turn to the left by the negligence, led the victim C(Y, 33 years old) driver's DNA motor device bicycle to the front part of the left part of the vehicle operated by the defendant's driver's vehicle, and let the victim go beyond the floor.

As a result, the Defendant suffered injury to the victim, such as the left-hand Hashes Epis, which requires approximately 14 weeks of treatment, due to these negligence.

Summary of Evidence

1. The legal statement, the actual condition survey report, and the scene photograph of the traffic accident of the accused;

1. Application of Acts and subordinate statutes to medical certificates of internal investigation (victim C telephone communications);

1. Relevant legal provisions of the relevant criminal facts, Article 3(1) and the proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 62(1) of the Criminal Act, the grounds for sentencing under Article 62(1) of the Criminal

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] The ordinary traffic accident [type 1] the area where the injury from a traffic accident is reduced [the area of recommendation and the scope of punishment], the area where the punishment is reduced [the area of recommendation and the scope of punishment], the month through August of imprisonment without prison labor [the person specially mitigated] - The amount of

3. The defendant's negligence is very heavy in the traffic accident of this case, and the victim suffered a relatively heavy injury.

However, on the other hand, the defendant is the victim during the trial.

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