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(영문) 의정부지방법원 2013.07.05 2013고단1197

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 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 the business of driving a Grandroth truck.

On February 6, 2013, the Defendant driven the above car at around 22:20 on February 6, 2013, and led to the front road of the white-do Scenic clean cleaning goods and the front road at the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the city.

At the time, since the driver of a motor vehicle is at night and in this case, the driver of a motor vehicle had a duty of care to prevent accidents by safely driving the motor vehicle, such as checking the safety of course while towing the situation of traffic on the roadsides and right and right and right and right while driving the motor vehicle.

Nevertheless, the defendant neglected to do so and continues to proceed with it.

Defendant

From the right side of the progress direction, the victim D (the age of 84) who proceeded in the same direction as the defendant is found late, and the progress direction was rapidly changed to the left side in order to avoid this, but the defendant's front front and the gap part were shocked by the defendant's vehicle.

As a result, the Defendant suffered serious injury to the victim due to the injury to the left-hand side rain and the brain injury of her he/she suffered from such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on traffic accident (report on actual condition of traffic accident, 1, 2);

1. A medical certificate (D);

1. A report on confirmation of the degree of injury, and a report appended to the medical certificate;

1. Application of Acts and subordinate statutes to medical statements (whether serious injury is involved);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Scope of the sentence on the grounds of sentencing under Article 62(1) of the Criminal Act: The scope of the final sentence recommended by the sentencing guidelines from January to June of the credit cooperative: From January of the credit cooperative to June of the credit cooperative; the type of the bodily injury [special person] caused by a traffic accident standard in the traffic crime group among traffic crimes group; where a serious injury has occurred: the victim.