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(영문) 광주지방법원 목포지원 2014.10.30 2014고단1275
교통사고처리특례법위반
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a truck truck vehicle B.5 tons.

On July 10, 2014, the Defendant driving the above cargo vehicle around 10:52, and driving the substitute cargo vehicle at a speed of about 70km in speed of 10km in speed, depending on the two-lanes of speed, from the f1st stadium-si, Young-gu, Youngnam-gun.

Since there is a place where traffic is controlled by signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle according to the new code.

Nevertheless, the Defendant neglected this and received the D QM5 vehicle fronter part of the driving vehicle of the Defendant, which was driven by C(41) to turn to the left at the left from the front side of the F1 StM5 vehicle, in accordance with the new code, from the f1st stadium by negligence in violation of the signal.

The Defendant suffered injury, such as the closure cage of a single bage cage fage, other than the cage fage cage fage fage, which requires approximately four weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report and evidence and photographs of the scene of a traffic accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Determination of the scope of sentence: Basic area, April to October (no person shall be specially punished);

3. Although the defendant's negligence is not minor as to the decision of sentence or suspension of execution, the defendant's mistake and reflects his fault, the defendant has no record of criminal punishment exceeding a fine for the last 30 years, and the defendant's age, character and conduct.

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