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(영문) 광주지방법원 목포지원 2015.09.07 2015고단801
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 a motor vehicle B and C.

On April 20, 2015, the Defendant driven the above cargo vehicle around 10:28, and continued the front road of “D” in “D” located in Hapyeong-gun, Hapyeong-gun, Hamyeong-gu, Hamyeong-do, into the Myeonnsan-Myeon.

There are roads where the center line of yellow-ray is installed, and the surface was milched at the time. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and the right and the right of the driver of the motor vehicle, and by accurately manipulating the steering and the steering system of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded as it is, while brooming, was caused by the negligence of broomping the central line, and was driven by the victim E (year 52) who was driving in the opposite lane to the direction of the Defendant’s proceeding. The front part of the driver’s seat of the Funst Motor Vehicle was driven by the Defendant as the front part of the truck driven by the Defendant.

As a result, the Defendant suffered injury to the victim, such as a closed diverse dynasium and each rhetoral rout, for which the treatment period cannot be known, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accidents;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Reduction area, range to six months (a person who is subject to special mitigation shall not be subject to punishment);

3. Although the victim suffered serious injury as to whether to render a sentence or suspend execution, the fact that the defendant recognized and against his own negligence, agreed with the victim, and there is no record of criminal punishment against the defendant.

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