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(영문) 광주지방법원 목포지원 2014.10.13 2014고단1201
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 of B Poter cargo vehicles.

On March 3, 2014, the Defendant driven the above cargo vehicles around 08:28, and led the Defendant to proceed to the direction of Eup/Myeon in the direction of an Eup/Myeon, from the direction of an ebriter, to the roads near the ebbriter of the ebri-gun located inside the eb

At this point, the left-hand side road is a one-lane road, and the center line of yellow-ray is installed, so the driver of the vehicle has a duty of care to thoroughly operate the front line in the driver of the vehicle and to safely operate it.

Nevertheless, the Defendant neglected this and tried to discover the victim C (year 71) driver’s dives of the victim C (year 71) driving, which was going on the opposite lane due to the negligence of the Defendant driving the center line, and return to his own lane again. The Defendant received the part of the part of the victim’s driver’s Hands on the left part of the cargo partitions of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, such as an indeption of detailed unknown details that require treatment for about seven weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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 or 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: a person not subject to punishment);

3. Although the injury suffered by the victim as to whether to determine the sentence or suspend execution is minor, the fact that the accused recognizes and reflects his mistake, that the victim does not want the punishment of the defendant by agreement with the victim, and that the defendant exceeds a fine.

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