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(영문) 광주지방법원순천지원 2020.12.10 2020고단1834
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 two years 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 B-ro car.

On April 24, 2020, the Defendant driven the above 07:26 on April 24, 2020, and proceeded from the Mandong Sports Park to E with the intersection of the front distance in light of the Manyang-si C.

Since there is a long distance intersection where signal lights are installed, there was a duty of care for a person engaged in driving service to drive safely in accordance with the new code.

Nevertheless, even though the Defendant neglected this and the signal was changed to a stop signal, the Defendant’s negligence led to the Defendant’s progress on the left side to G Hospital depending on the straight signal from the direction of the proceeding, and the part on the front side of the victim H(Y, 56 years old) driving the IF apartment to G Hospital was shocked by the front side of the right side of the IFF car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately 12 weeks of medical treatment.

Summary of Evidence

1. Application of the defendant's statutory statement, report on traffic accident, booms video Acts and subordinate statutes;

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

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

1. The reason for sentencing of Article 62-2 of the Probation Criminal Act is the traffic accident of this case where the defendant's negligence is relatively heavy, and the victim's injury is also hot.

However, on the other hand, the defendant agreed with the victim during the investigation process, and there is no particular criminal record against the defendant.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, means and results of the crime, and all of the sentencing factors in the trial process of this case, such as the circumstances after the crime, shall be determined as ordered.

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