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(영문) 광주지방법원 순천지원 2021.01.29 2020고단2230
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 24, 2020, the Defendant is a person who is engaged in driving of B Poter Ⅱ, and driving of the above cargo around 06:35 on August 24, 2020, led to the intersection of D in front of C in lightyang City to the settlement distance from the side of the pente-si to the settlement distance.

At this point, there is a center line of the yellow-ray, and therefore, there was a duty of care to safely drive the cargo vehicle according to the lane that is driven by accurately manipulating the front line and the right and the right and the right and the right and the right and the right of the driver.

However, the defendant neglected the above duty of care and caused the victim to go beyond the ground by shocking the front part of the FFC125 Obama driven by the victim E ( South, 81 years old) who was driven by the defendant due to the negligence of the defendant's failure to go over the center line.

Defendant 1 suffered injury, such as the removal of cage cage cages of single fages, other than the cage cage cages, which requires approximately four weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the police concerning the defendant's statutory statement G;

1. A medical report (CCTV image verification), a criminal investigation report (to viewCCTV image);

1. A traffic accident report (1) (2) (2) and the application of Acts and subordinate statutes governing the scene of the accident;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the scope of general traffic accidents [the category 1] and the absence of the person causing a traffic accident [the area of recommendation and the scope of recommended punishment] [the scope of recommended punishment], the basic area of the punishment, April of imprisonment without prison labor and one year;

2. Determination of sentence: A sentence of imprisonment without prison labor for six months, two years in suspension of execution, and forty hours in the demotion of compliance, the defendant invadedd the central line and caused an accident, and the negligence is severe.

However, the vehicles of the defendant are covered by comprehensive insurance.

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