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(영문) 대구지방법원 김천지원 2020.01.14 2019고단1466
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 driving of B Poter cargo vehicles.

On September 4, 2019, the Defendant driven the above cargo vehicle at around 13:50, and led the road of one lane in front of Kimcheon-si, Kimcheon-si to a de facto de facto de facto de facto de facto de facto de facto decrison.

Since there is a center line of yellow creation, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the vehicle in front and safely.

Nevertheless, the Defendant neglected this and received the front portion of the victim D(69 years old) E-Poter II Cargo from the victim D(69 years old) who was proceeding with the median line due to the negligence of breaking the median line in front of the Defendant’s cargo vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D, such as salt, tensions, etc., in need of treatment for about two weeks, on the part of the victim F, who was on board the Defendant’s cargo, and on the part of the victim F, who was on board the Defendant’s cargo, approximately 12 weeks of medical treatment. In addition, the Defendant suffered injury, such as the right-hand skes, the upper part of which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report the occurrence of a traffic accident, a written statement of the occurrence of a traffic accident, a survey report on actual condition, and a report on internal investigation (as to the statement of passengers on board a vehicle, and submission of a

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

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

2. While the sentencing criteria are not directly applied to each crime of the upper concurrent crimes, considering that the sentencing criteria set forth below are set.

[Determination of Punishment] In general traffic accidents [Type 1] Death resulting from traffic accidents (special sponsor]: efforts to recover damage resulting from no punishment.

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