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(영문) 광주지방법원 장흥지원 2013.03.28 2012고단230

교통사고처리특례법위반

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 car in a SP area B.

On September 29, 2012, the Defendant driven the above car on September 15:23, 2012, and led to the progress of the road in front of the two villages of the mountain village in the vicinity of the death Cheongri-ri-gu, Sinsan-gun, Chungcheongnam-do.

Since the restricted speed is 30 km every hour on a road passing ahead of the village, there was a duty of care to prevent accidents by complying with the restricted speed and operating the steering and steering system accurately.

Nevertheless, the Defendant neglected this and went at a speed of about 61.2 to 71.2 km each hour at a speed of more than 20 km per hour, and received the part on the left side of the victim C (the age of 65) who was trying to turn to the left from the right side of the said vehicle at the front of the said vehicle's right side.

The Defendant caused the injury to the victim by occupational negligence, such as the left-hand eone week of treatment, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. A written diagnosis for C;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. Selection of a sentence of imprisonment without prison labor considering the following: (a) the occurrence of serious injuries caused by the instant accident on the grounds of sentencing under Article 62-2 of the Criminal Act; (b) the victim and his/her family members suffered from pain; (c) no agreement was reached with the victim; and (d) the victim’s family members want to take severe punishment against the Defendant; (b) the execution of a sentence shall be suspended in consideration of the fact that the Defendant has no record of receiving a punishment heavier than a fine in the past; and (c) the victim’s family members are subscribed to a comprehensive insurance policy;