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(영문) 광주지방법원 해남지원 2014.03.19 2013고단337

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 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 motor vehicle at a low price.

On September 23, 2013, the Defendant driven the above car on September 10:15, 2013, and led to the left-hand turn from the front side of the entrance of the arm's length village of Jindo-gun, Jindo-do, to the right-hand turn from the front side of the arm's length village at the front side of the arm's length village.

Since there is a tri-distance intersection where no signal is installed, a person engaged in driving of a motor vehicle has a duty of care to safely operate by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty in the front of the said car, thereby resulting in the victim E (the aged 65) driven by the front part of the bus in the front part of the said car, which was driven by the victim E (the aged 65).

The Defendant suffered injury to the victim, such as a ductal s, which require approximately 12 weeks of medical treatment, due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related person in preparation E;

1. A traffic accident report;

1. Medical certificates (E);

1. Application of Acts and subordinate statutes on site photographs;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant deposited KRW 20 million for the victim, the fact that the defendant repents and reflects his mistake in depth, the fact that the defendant has no criminal record of stay of execution or more, and various circumstances, such as the age, character and conduct, family environment and circumstances after the crime, etc. recorded in the records of this case);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;