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(영문) 창원지방법원 밀양지원 2019.10.15 2019고단222
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 a dump truck.

On April 16, 2019, the Defendant driven the above vehicle on April 16, 2016, and driven the two-lane road near C in the middle of C at the speed of C at about 80 km in speed, depending on two-lanes from the right side to the right side of C at the speed of C.

On the front side of the defendant, he was driven by the victim D(73 years old) prior to the same direction. In such a case, the person engaged in driving service has a duty of care to thoroughly manipulate the operation devices and steering gear of the vehicle and prevent the accident from spreading.

Nevertheless, the Defendant neglected to do so and neglected to do so, and found the victim's right side of the front and the rear part of the victim's right side of the front part of the vehicle. However, the Defendant attempted to change the front line to the first one while making an urgent operation, but did not avoid the address, and did not change to the front part of the victim's right side.

Ultimately, the Defendant suffered a serious injury on the part of the victim due to the above occupational negligence by causing the victim to suffer a congested state due to an unbrupted fluence of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report;

1. Written opinions of each doctor;

1. On-site photographs and plane table;

1. Application of Acts and subordinate statutes to report on investigation (whether a victim's current state falls under a serious injury or injury);

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

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [Type 1] causing traffic accidents (special-speed person] and mitigation factors: The sentencing range and recommendation range where serious injuries have occurred.

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