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(영문) 전주지방법원 2016.08.16 2016고단582

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of B Poter cargo vehicles.

On April 8, 2016, the Defendant driven the above cargo vehicle around 08:20, and proceeded at the speed of about 40 km from the long distance to the police box of public morals at the speed of about 60km in front of the stop place of the shut-down village bus located in the 66-lane of Kim Jong-si.

Since the place is where the center line of yellow solid lines is installed, there was a duty of care to safely drive cars and prevent accidents in advance by safely driving cars.

Nevertheless, the Defendant neglected this and got the victim C (79) who dried up the road on the left side from the right-hand side of the defendant's course to the right-hand side in order to pass ahead of the vehicle driving ahead of it.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately 32 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A medical certificate;

1. A report on investigation (in cases of serious injury), a written commission, and a reply;

1. A criminal investigation report (case concerning the submission of CD-recording images containing accident-related CCTVs);

1. Application of Acts and subordinate statutes governing field evidence photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] is the case where an injury occurs in the basic area (four months to one year) (the person subject to special aggravation) (one type) [the person subject to special mitigation] [the person subject to special mitigation] punishment and recommendation types.