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(영문) 청주지방법원 제천지원 2019.05.23 2019고단87
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 freezing Class B.

On October 02, 2019, the Defendant driven the above vehicle at around 07:00, and proceeded to turn to the left from the e center to the Fururging plane.

There is a duty of care to prevent accidents in advance by proceeding to the right side of the central line as a person engaged in driving of a vehicle on a road in which the center line of yellow solid lines is maintained.

Nevertheless, the defendant neglected this and led the victim G (the age of 84) who was crossing the above roadway to the left-hand side of the center line after the left-hand turn, to go beyond the floor by receiving the victim G (the age of 84) who was crossing the above roadway from the left-hand side of the vehicle.

Ultimately, the Defendant caused the injury to the victim due to the above occupational negligence, resulting in an injury to the victim, such as an external cerebral cerebral cerebral cerebral cerebral cerebral cerebral le, and resulting in an injury to the left side.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, photographs of the scene of the accident, and photographs of the surrounding CCTV screen;

1. A medical certificate;

1. Request for cooperation in investigation (verification, etc. of serious injury);

1. Investigation report (related to serious injury of victims, etc.);

1. A H statement;

1. A medical statement in charge (whether serious injury is involved);

1. CCTV video CDs;

1. Investigation report (H as a result of confirming accident images);

1. Application of Acts and subordinate statutes to the investigation report (report on results in each currency);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Where a serious injury occurs to a person under special mitigation who is not subject to punishment for four months or one year from the imprisonment without prison labor in the basic area of causing the injury of a traffic accident within the scope of the recommended punishment according to the sentencing criteria; and

2. Determination of sentence;

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