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(영문) 광주지방법원 목포지원 2014.10.31 2014고단967

교통사고처리특례법위반등

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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On May 26, 2014, the Defendant driven the said car at around 19:20, and moved bypass the intersection in front of the future construction section, from the breath section to the 3-lanes of an advance payment, from the breath section, the Defendant was driving the said car at around 19:20 to the 3-lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely make a right-hand along the running lane by reducing speed and accurately manipulating the steering gear.

Nevertheless, due to the negligence that the Defendant neglected this and failed to correctly operate the steering gear, the Defendant received the part of the victim C(29 years old), who was in the atmosphere of the signal signal to turn to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the left from the left part of the center line, without the right to the right to the right to the right to the right to the left part of the driver’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as the left-hand aggregate, which requires treatment for about four weeks by occupational negligence as above, and at the same time damaged the victim’s car to have the amount equivalent to KRW 3,510,155 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. The sentencing criteria are not applicable, since the investigation report (written diagnosis submitted by the injured party) and the investigation report (presumptive estimate of damage caused by DNA vehicles) are the ordinary concurrent crimes subject to the statutes;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. A deposit which is made in violation of Article 62(1) of the Criminal Act, and three million won for victims;