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(영문) 광주지방법원 목포지원 2015.07.23 2015고단554

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 also is a person who is engaged in driving of a cargo vehicle B.

On January 30, 2015, the Defendant: (a) driven the above cargo vehicle on a 07:35 day, while driving the front line of the passenger traffic of Taewon-ro, Sinpo-si at a speed of about 70 km from the boundary of the central hospital to the speed of about 70 km at the speed of Sin-si; and (b) by the negligence of driving the said intersection at a speed of about 70 km from the boundary of the central hospital, in violation of the signal, and received the front line of the said cargo vehicle by the victim C (44 years old) driving a D-W-man car who turn to the left at the seat of the agricultural wholesale market to

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as the upper left-hand body, which requires approximately 12 weeks of medical treatment, and the injury to the victim E (year 41) who is the passenger of the above cargo vehicle, such as a chest felc, etc. requiring approximately 4 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A survey report on the actual condition (1), a survey report on the actual condition (2), evidence and photographs on the spot, and evidence and photographs on the actual condition;

1. Reports on internal investigation (in addition to victims);

1. Medical certificates (E);

1. Each written diagnosis (C) (Evidence No. 57 through 59);

1. - Application of Acts and subordinate statutes to one urban bus-type CCTV recording CDs

1. Article 3 (1) and the proviso to Article 3 (2) 1 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The case where it is difficult to apply the sentencing criteria as it is for the reasons of sentencing Article 62-2 of the Criminal Act to the order to attend lectures and the order to provide community service.

Although the victim C suffered serious injury and the defendant's negligence is not weak, the fact that the defendant recognizes and reflects his own negligence, that the defendant agreed with the victim C after the prosecution of this case, that the motor vehicle comprehensive insurance is subscribed to, and that there is no record of criminal punishment against the defendant.