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(영문) 창원지방법원 마산지원 2019.11.26 2019고단750
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 the driving of freight B and B.

At around 05:05 on April 8, 2019, the Defendant, in front of the Diplomatic Association C in Changwon-si, Changwon-si, Changwon-si, Masan-si, had the roads proceeded from E to the care square.

At the time, since there was a new wall time, the driver of the motor vehicle had a duty of care to take care of the pre-accident and accurately manipulate the steering gear and prevent the accident in advance.

Nevertheless, the defendant neglected this and received the victim F who crosses the road to the right side from the left side of the running direction of the defendant, as the part on the left side of the above cargo vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as having the victim suffer injury due to brain injury, etc. with less than two open situations in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. Report on the occurrence of a traffic accident;

1. On-site map of a traffic accident;

1. Photographs of the accident site;

1. Photographs of an accident vehicle;

1. To close a motor vehicle box image images;

1. Statement of opinion;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (counseling of a doctor in charge);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: One month to five years;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] causing a traffic accident (special person] and mitigation element: Where the victim is also negligent due to considerable negligence in the occurrence of a traffic accident or the expansion of damage, an aggravated element: The basic area of the recommendation area and the scope of recommendations], the basic area of the credit cooperative from four months to one year where a serious injury has occurred (the recommended area and the scope of recommendations).

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