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(영문) 광주지방법원 2013.08.29 2013고단2540

교통사고처리특례법위반

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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 is a person who is engaged in driving a free loan freight vehicle B.

On February 4, 2013, 13:27, the Defendant turned back a road at the entrance of the Hedrid village, 4-gu, Yari-ri, Bari-ri, Yari-ri, Yari-ri, to a private-distance intersection at the entrance of the Heddrid village at the Hedrid village.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly report the traffic situation of the place of the motor vehicle and to accurately operate the steering system and brake system of the motor vehicle and to safely drive it.

Nevertheless, the Defendant neglected this and took part of the middle part of the left side of the motorcycle 100 motorcycle driving by the victim C (the age of 83) who was driving at the seat of the bus platform at the entrance of the shut-down village at the entrance of the shut-down village as the rear part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from serious injury to the victim C, such as brain fluoral dye, acute hye, fluoral hye, fladal dye, and dyeal dye, which requires approximately 19 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the evidence and photographs of traffic accidents;

1. Application of Acts and subordinate statutes of the General Medical Certificate (C);

1. Article 3 (1) and the proviso to Article 4 (1) and Article 4 (2) and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant caused a traffic accident and caused a serious injury to the victim, such as brain salute, acute salute, and salute, and double salute, so strict punishment is required for the defendant. However, the defendant repents and reflects his mistake, the defendant has no particular criminal record other than once a fine, the defendant's vehicle was covered by a comprehensive insurance, and the victim's awareness is not clear.