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(영문) 광주지방법원 순천지원 2013.10.30 2013고단1341

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 who is engaged in driving a B B-II cargo vehicle.

On April 30, 2013, the Defendant driven the above cargo vehicle on April 30, 2017:44, and driven the three-lane road in front of the Korean Labor Relations Commission, which is in front of the Korean Labor Relations Commission, at the direction of the Plunnam Hospital, at a speed of about 30 km from the direction of the Plunnam Hospital.

Since there are no signal lights and safety signs in the vicinity of an intersection, the driver of the motor vehicle has a duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily stopping the vehicle, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected this and proceeded to the left or right turn without checking the traffic conditions of the road adjacent to the running lane of the Defendant, and received the front wheel part of the Daltob, which the victim C(23 years old) driven by the victim C(23 years old), who was driving from the southnam Hospital, along the three-lane distance from the front side of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim due to such occupational negligence as above, and caused the victim to suffer a loss due to a permanent change in the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. C police statement;

1. A traffic accident report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to medical certificates and medical statements;

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. It shall be decided as ordered on the grounds of not less than Article 62(1) of the Criminal Act (including the fact that a comprehensive insurance is subscribed and the agreement is reached smoothly with the bereaved family members of the victim);