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(영문) 광주지방법원 2019.08.13 2019고단2089
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Category B vehicles.

On May 11, 2019, the Defendant driven the above vehicle at around 07:45, and led the 1425-2 road, Cheongpung-dong, Gwangju, to the 4th water source area from the observation site.

Since there is a place where the yellow-ray center line is installed, the defendant engaged in driving the motor vehicle had a duty of care to observe the central line, to see the right and the right, and to accurately manipulate the steering and steering system so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and proceeded with the part of the driver's seat in front of the driver's seat of the DMW vehicle driven by the injured party C (year 61) who was driving at the same time due to the negligence of the Defendant who was frightened with the center line and proceeded with the center line.

The Defendant, by its occupational negligence, sustained injury to the victim E (the 29-year old), who is the passenger of the Defendant’s vehicle, such as dump, tensions, etc., in need of approximately two weeks of medical treatment, injury to the victim F (the 25-year old), such as long-term stopcock damage, etc. in need of medical treatment for about eight weeks, injury to the victim G (the 25-year old), who is the passenger of the Defendant’s vehicle, caused the injury to the blood dump incule by the string fever that requires medical treatment for about four weeks, injury to the victim C, who is the driver of the damaged vehicle, in need of approximately two weeks of medical treatment, and injury to the victim H (the 53-year old) who is the passenger of the damaged vehicle, such injury as sump in the wall that requires medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act.

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