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(영문) 대구지방법원 2019.09.04 2019고단2529
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 21, 2019, the Defendant driving a B rocketing car around 07:10, along with a four-lane road in front of the Drown-gun C in the Gyeongbuk-gun, the Defendant is driving along one-lane from the dwar to Daegu.

To proceed with the opposite line, the U.S. came to be a U.S.ton.

At that time, since there is a center line of yellow-ray, the defendant engaged in driving cars has a duty of care to make a U.S. internship at the permissible point of practice.

Nevertheless, the Defendant neglected to do so and received a part above the left-hand part of the Frane car driven by the victim E (the 63 years old) who was driving on the opposite lane in the right-hand part of the Defendant’s car due to the negligence of breaking the central line at a place other than the U.S. permissible point of internship.

Ultimately, the Defendant suffered from the injury of the victim E, i.e., pressure pressure duplicating one-time medical treatment for about six weeks due to the above occupational negligence, and injury to the victim G (the 62 years old), who was his her son, such as the left-hand son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts; Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act dealing with common concurrences;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 1] There is no person causing a traffic accident [the scope of the recommended area and the recommended punishment] [the scope of the recommended area and the recommended punishment], the basic area, the credit cooperative from April to one year [the general person] - the mitigation element: the comprehensive motor vehicle insurance policy - the aggravation element: the suspension of the execution where a serious injury, other than a serious injury, occurs.

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