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(영문) 전주지방법원 군산지원 2013.11.28 2013고단763

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 C 125cc motor bicycle.

On January 30, 2013, the Defendant, at around 19:10, driven the above Oralb, and proceeding the front road of the Marshall Round, which is located in the Yellow Sea, into the area of the Chang Apartment apartment, on the surface of the Jinnam apartment, received the victim D (the age of 53) (the age of 53) coming from the opposite lane due to occupational negligence driven by the central line, from the front part of the above Oralba.

As a result, the Defendant caused the victim to be in a mixed state due to the injury of the cerebral cerebral cerebral cerebral cerebral mas, etc. whose days of treatment can not be known.

Summary of Evidence

1. Partial statement of the defendant;

1. A E-document;

1. Reports (1), (2) on traffic accidents;

1. Photographs;

1. A medical certificate;

1. Notification of results of comprehensive traffic accident analysis;

1. A criminal investigation report (to attach a statement of opinion on the victim's status);

1. Application of the reply Acts and subordinate statutes to the question;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act (including the fact that the defendant repents his mistake, the fact that the defendant is the primary offender, the fact that the insurance money equivalent to KRW 19990,000 has been paid to the victim, the age and environment of the defendant, etc.);

1. It shall be decided as ordered on the grounds of probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;