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(영문) 광주지방법원 2013.03.21 2013고단261
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the duty of driving B car free car.

On August 19, 2012, the Defendant driven the above car on August 18:50, 2012, and led to the left-hand turn from the boundary of the public playground to the right-hand left-hand turn.

In such cases, there was a duty of care to make a left turn after checking the right and the right and the right of the driver of the vehicle prior to the left turn.

Nevertheless, the defendant neglected to turn to the left as it is, and caused a shock of the front part of the DKaren car, which flows to the Youngcheon-ri from the right side of the port, to the front part of the DKaren car.

Ultimately, the Defendant suffered from serious injury to the victim E, who is the passenger of the victimized vehicle due to the above occupational negligence, such as the number of days of treatment, the number of days of treatment to the victim E (the age of 63).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C (including the F's statement in the third written statement);

1. On-site photographs and actual survey report of a traffic accident;

1. The application of Acts and subordinate statutes of medical certificates (E) and written opinions (E);

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of a sentence] Traffic Crime: General traffic accident:

1. The injury of a traffic accident (special person) - In the case of a serious injury to a person under special guard (type 1), [the decision on the recommended area] the aggravated area [the decision on the recommended area] [the decision on the sentence] from August to one year and six months [the decision on the sentence] caused a traffic accident to the victim and causing a serious injury, such as blag, paralysis, etc., and the agreement with the victim until now.

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