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(영문) 광주지방법원 해남지원 2017.11.02 2017고단299

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for a period of 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 of fixed cargo C.

On July 20, 2017, the Defendant driven the above cargo vehicle on July 10, 2017, while proceeding the distance in front of the gas charging station E, which is located in Jindo-gun D, Namnam-gun, from the surface of the Jindo-gun to the surface of the gate on the surface of the air.

At this point, the signal, etc. was installed, so there was a duty of care to prevent accidents in advance by complying with the signal, driving staff, and living well on the right and the right of the signal.

Nevertheless, the Defendant neglected this and did not go against the signal and shocked the part of the victim G K5 vehicle in the front part of the passenger vehicle of the Defendant’s cargo vehicle, which was driven by the victim F (Seoul, 62 years old) who was left to the left in accordance with the new signals from the e gas charging area of Jindo-do.

The Defendant, by such occupational negligence, suffered injury to the victim F of the above victim, such as salt, tensions, etc., in light of the bruption of 2nd century, and injury to the victim H (the 87 years old), who is the passenger of the affected vehicle, such as light crupting culing in light of the 2nd century, and the victim I (the 50 years old), who is the passenger of the Defendant vehicle, (the 50 years old) who is in need of the 16-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written diagnosis (I, H, and F);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of field photographs and evidence video-related Acts and subordinate statutes;

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. In the case of commercial concurrent crimes with the sentencing criteria, the sentencing criteria are not applicable, but the victim I who is the most severe in determining the specific sentencing criteria.