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(영문) 전주지방법원 남원지원 2015.12.22 2015고단175

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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 driving a DNA car.

On June 24, 2015, the Defendant driven the above car on June 14, 2015, and proceeded one-lane road in front of the Jeon Chang-gun, Jeon Chang-gun, to the seat of aptitude from the village of the city.

At the same time, the center line of yellow-ray was installed, and the victim F (76 years of age) was under way at the front of the same direction, and in such a case, there was a duty of care to safely operate the steering gear and brakes by properly operating the steering gear and brakes by keeping the wheel well and properly examining the wheel.

Nevertheless, in order to overtake the victim's right-hand side, the defendant proceeded with the above center line in order to overtake the bicycle prior to the same direction. In order to overtake the bicycle from the front side of the same direction, the victim's right-hand side side of the above center line was occupied by the victim's right-hand side of the motor vehicle of the defendant, and let the victim go beyond the ground floor.

As a result, the Defendant suffered from an injury to the victim, such as a acute levirosis of the right-hand brain levirosis, a levirosis, and a levirosis, which requires medical treatment for about 20 weeks due to the above occupational negligence, thereby causing danger to life.

Summary of Evidence

1. Defendant's legal statement;

1. A written proceedings;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes governing accident 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. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing guidelines (determination of types), traffic crimes, general traffic accidents, and Type 1 (Bodily Injury resulting from Traffic Accidents) (Special Aggravations): Where serious injury occurs, the factors to reduce the sentence shall also be the victim.