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(영문) 광주지방법원 해남지원 2015.02.12 2014고단389
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that 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

At around 07:09 on October 10, 2014, the Defendant: (a) driven the above cargo vehicle at a speed of 07:09; (b) driven the above cargo vehicle at a high speed of 5:00; (c) driven the road at the entrance of the village located in the high speed of 5:0,00 from the entrance of the front-west-gun of the frontnam-do; and (d) driven by the victim C (63 years of age) due to negligence in the course of performing his duties while driving the vehicle at the center line at a speed of the high-speed office; (d) driven by the victim C (63 years of age); (c) caused the injury of the victim C, such as an injury, such as the cutting-out of the left-hand gate, which requires treatment for about 13 weeks; and (d) caused the injury of the victim E (71 years of age, such as the cutting-out of rain that requires treatment at around 16 weeks; and (d) caused the victim’s 10.3 years of the operation of the cargo at low 10.4 years of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. Each written diagnosis (C, E);

1. A death certificate;

1. Application of on-site photographs and Acts and subordinate statutes governing vehicle photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with the most serious criminal situation)

1. Selection of alternative imprisonment without prison labor;

1. The vehicles operated by the Defendant under Article 62(1) of the Criminal Act are covered by a comprehensive insurance, and the Defendant separately agreed with the victims. In particular, the victim F appears to be the mother of the Defendant to be against the Defendant himself/herself, the Defendant has no record of punishment heavier than the suspension of execution, and the Defendant’s age, character and conduct, family environment, and circumstances after committing the crime, etc. recorded in the records of this case.

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