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(영문) 창원지방법원 통영지원 2018.09.19 2018고단829
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 a period of 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 driving a Bchip car.

On May 17, 2018, the Defendant operated a franchising car at around 20:48, and came to turn to the left at one-lane of the four-lanes, one of four-lanes from the franchising room to the flusium.

Since there is a long distance intersection where signal lights are installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing the speed and by properly examining the right and the right of the driver.

Nevertheless, the Defendant neglected this and received the front part of the FGTS125 two-wheeled vehicle operated by the injured party E (37 tax) who is working three-lanes in the middle-dong room with the right-hand turn by negligence in violation of the signal, with the front part of the driver’s seat in front of the car driving.

After all, the Defendant suffered injury to the victim due to the above occupational negligence during the course of the 8-month medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A fact-finding survey report, report on the occurrence of a traffic accident, and photographs of the accident scene;

1. A internal investigation report (afusing an accident image images and CDs);

1. Application of Acts and subordinate statutes to each medical certificate and a medical statement (whether serious harm is inflicted);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: From one month to five years of credit cooperatives;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (4 months to 1 year) (including the person subject to special mitigation] the punishment not (including the serious effort to recover damage) (where any injury occurs among the persons subject to special aggravation].

3. The fact that the defendant who was sentenced to sentence recognized the crime of this case and reflected in the crime of this case and the victim.

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