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(영문) 창원지방법원 통영지원 2021.01.12 2020고단1323
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a car B in a car.

On January 19, 2020, the Defendant driven the above vehicle on 14:05, while driving the vehicle, and driving the crossing of the three distance in front of the D letter in C at the time of a macroscam with the one-lanes of the three-lanes, the Defendant was going to the parallel of the two-lanes of the two-lanes, along the parallel of the two-lanes.

Since there is a three-distance intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the right and the right of the motor vehicle and to prevent accidents in advance by driving traffic signals.

In this regard, the Defendant neglected to use the front part of the F-wheeled Vehicle E ( South, 46 years old) driven by the victim E (the remaining, 46 years old) who was driven in the front part of the Defendant’s vehicle due to the negligence of the Defendant who violated the signal while the electric signal was green light.

Ultimately, Defendant 1 suffered injury due to the above occupational negligence, such as dyp fage, fyp fyp, fyp fyp, fyp, and gyp, which affected the victim's fypus in need of approximately six weeks' treatment.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's report on actual conditions, such as the medical certificate of his/her statement in court, the medical certificate of disability and opinion;

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

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] of the ordinary traffic accidents [the Class 1] caused by traffic accidents [the special sentencing factors] mitigation factors: Where an injury occurs among the aggravated factors of punishment (including serious efforts to recover damage): The basic area of the recommendation and recommendation [the scope of the recommended punishment], April through one year;

3. Determination of sentence: Four months of imprisonment without prison labor and one year of suspended execution;

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