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(영문) 광주지방법원 목포지원 2016.10.28 2016고단863

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 of Bknife car.

Around 18:10 on October 28, 2015, the Defendant driven the said car and driven the D-W road located in Yong-nam Cancer, Yong-gun, Yongnam, in the direction of the axis of industry in the modern ginseng, led to the flow of the D-W road to the Sungwon Industries at an insular speed according to one lane, out of the four-lane way from the axis of industry in the modern ginseng.

At the time, there are nights, where the red flickering lights are installed, and there is a stop line at the front direction of the vehicle's moving ahead, so in such a case, a person engaged in driving duty has a duty of care to temporarily stop immediately before the stop line or the intersection and to take care of other traffic, and to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and did not temporarily stop in violation of the signal and caused the physical part of the victim E (E, 45 years old) who passed the said intersection from the direction of the E- (E, 45 years old) by driving a bicycle on the crypt from the crypt of Emban rock fire station, which was in progress without temporarily stop in violation of the signal, to go to the road.

Ultimately, the Defendant suffered injury to the victim, such as cerebral flasing transfusion, which requires about 10 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes, i.e., a medical certificate, a (j) additional medical certificate, a black boxes and video CDs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations on the sentencing guidelines [the scope of recommendations] shall be limited to the general traffic accident category I (the injury caused by traffic accidents) and the special mitigation area (one to eight months) (the person subject to special mitigation). In a case where there is a substantial fault due to the occurrence of traffic accidents or the expansion of damage, the victim shall not be punished (including efforts to recover damage).