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(영문) 광주지방법원 해남지원 2013.08.21 2013고단131

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a FM5 vehicle.

On November 18, 2012, the Defendant driven the above vehicle on November 18, 2018:25, and driven it on the left side of the entrance of the Yannam-gun, Yannam-gun, the Defendant proceeded at a ndrodic speed from the erogic erogic surface of the erogic erogic erogic bank.

At the time, the location is night and that is, the center line of yellow-ray is installed, so there was a duty of care to thoroughly see the front-time situation and reduce the speed and safely proceed to the driver.

Nevertheless, the Defendant neglected this and took part of the victim G(the age of 48)’s bicycle front wheel part of the victim G(the age of 48) driving, which was driven by the opposite line due to the negligent negligence of driving the center line on the left-hand side, as the front part of the driver’s seat of the vehicle driving by the Defendant.

After all, the Defendant suffered injury to the victim G by the above occupational negligence, such as the situation in which approximately 14 weeks of treatment is required, the open head part in need of treatment, and the frame of the part in which detailed disappearance is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A comprehensive traffic accident analysis report and an appraisal report;

1. A medical certificate;

1. Application of evidence on the scene of accident-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) not only applies to vehicles operated by the defendant, but also to the extent that the defendant agreed to do so with the victim separately, the defendant is a primary offender who has no record of criminal punishment, and the age, character and conduct, family environment, circumstances after crimes, etc.

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;