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(영문) 광주지방법원 2014.10.24 2014고단3217

교통사고처리특례법위반

Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 15:00 on July 19, 2014, the Defendant is a person engaging in driving a vehicle B in driving the said vehicle, driving the said vehicle to proceed from the direction of the Standing Motor Vehicle Driving Authority located south of Gwangju Northern-gu to the Eastcheon Village. At this point, the Defendant is an intersection where traffic is controlled by signal, etc., and the Defendant engaged in driving the vehicle is obliged to pay a duty of care to prevent accidents by reducing speed and driving the signal well, while neglecting the duty of care to prevent accidents by driving the vehicle due to occupational negligence proceeding the said intersection, without disregarding the vehicle stop signal, and caused the victim (53 years old) to take care of the front part of the DPoter freight driving from the front part of the said vehicle, and caused the victim to take care of the two-day cargo in the middle part of the said vehicle, and caused the victim to take care of the two-day cargo in the middle part of the said vehicle, and caused the victim to take care of the two-day cargo in the middle part of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. To describe a copy of each statement in C and E;

1. Application of Acts and subordinate statutes to describe a copy of each medical certificate;

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

1. Articles 40 and 50 (Punishment and Selection of Imprisonment without prison labor prescribed in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E who have rendered a heavier judgment of concurrent concurrent crimes and the choice of sentence) of the Criminal Act for the selection of concurrent crimes and punishment;

1. Since the crimes with the reasoning of sentencing under Article 62(1) of the Criminal Act are in a mutually competitive relationship with other crimes, it is to sentence the same or heavier punishment in consideration of the sentencing criteria for the crimes in the holding.

(b) 1. Scope of sentence (determination of type) traffic accidents in general traffic.