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(영문) 창원지방법원 진주지원 2019.11.27 2019고단1056
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

On February 8, 2019, at around 13:15, the Defendant driven the B rocketing car and proceeded in the direction of the E High School in the direction of the 3th square square.

In order to turn to the left at the left intersection where the signal, etc. is operated, there was a duty of care to prevent accidents by safely driving the signal by checking the absence of a vehicle to proceed in accordance with the new subparagraph in the front section and the right and the right and the right and driving at the intersection.

Nevertheless, the Defendant neglected to do so and led to the left-hand turn at the intersection by the negligence of entering the intersection and making the part above the right-hand side of the GNF rocketing car of the FFIS and other vehicles entering the right-hand side of the Defendant’s car, and accordingly, the Defendant’s H (W, 87 years old) was the victim’s car, who was waiting for the pedestrian signal, as the Defendant’s car turns down to the left-hand side of the vehicle, was brought to the right-hand side of the Defendant’s car.

The Defendant caused a serious injury to the victim due to the above occupational negligence without satisfying the required left-hand side treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A H statement;

1. Report on the occurrence of a traffic accident, the actual survey report on the traffic accident, and each field photograph;

1. Application of Acts and subordinate statutes to medical certificates and opinions on serious injury;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. The scope of general traffic accidents according to the sentencing guidelines (type 1) and the area in which the injury of traffic accidents is aggravated, and August through two years without prison labor;

2. Determination of sentence: A person who inflicts serious injury on a victim by entering the intersection without viewing the front properly;

On the other hand, vehicles are recognized as crimes and subscribed to the comprehensive automobile insurance.

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