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(영문) 광주지방법원 목포지원 2016.01.22 2015고단1461

교통사고처리특례법위반

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 a rocketing car.

On August 31, 2015, the Defendant driven the above car at around 09:45, and proceeded at a speed of about 30 km per hour in the direction of gold distance from the direction of the “all eco-friendly farming cooperatives,” the upper part of which is 213, the upper part of the city of Yong-gun, Yong-gun, Yong-gun, Seoul.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents in advance by a person who is engaged in driving a motor vehicle, and driving a motor vehicle in compliance with the lane.

Nevertheless, the Defendant neglected this and got off the part of the victim C(46) driving in the opposite direction when driving the center line due to negligence in the course of duty, which was driven by the victim C(46) driving in the opposite direction.

As a result, the Defendant suffered injury to the victim, such as abandonment and dykeing of the left-hand body in need of approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Medical certificate (C);

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 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 (Reasons for sentencing as follows)

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Reduction area and for not more than six months (special mitigation person: Non-won of punishment);

3. The fact that the defendant's decision of sentencing appears to have recognized and reflected his mistake, that the injured person does not want the punishment of the defendant, that the defendant has previously been subject to criminal punishment, and that the defendant's age is the first offender who has never been subject to criminal punishment;