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(영문) 전주지방법원 군산지원 2016.04.29 2016고단157
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of a C Poter cargo vehicle.

On January 8, 2016, the Defendant driven the above cargo vehicle around 13:35, and proceeded along the two-lanes between the three-lanes of the old rock distance from the boundary of the three-lanes of the road in the front of the road in the Dorari-si, Do, Do, Do, North Korea.

At the time, the victim F (71) is driving a bicycle on the front side of the vehicle running by the defendant, and in such a case, there was a duty of care to maintain the bicycle and the safety distance prior to the person engaged in driving the motor vehicle and to prevent the accident by properly manipulating the brake system.

Nevertheless, the Defendant neglected this and neglected to operate the brake system and subsequently caused the victim's bicycle to suffer from a disability or an incurable disease, such as the fall of recognition ability, character disorder, and impairment of appraisal adjustment, by taking advantage of the victim's bicycle ahead of the cargo of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to on-site photographs, diagnostic certificates, and response reports on injuries;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The basic area of the first type of traffic accident (the injury caused by traffic accidents) [the person who has been specially mitigated](including the person who has been specially mitigated)] / In the event of serious injury (including the efforts to recover damage), the amount of injury inflicted upon the victim (the decision of sentencing] / One of the degree of injury inflicted on the victim, one of the agreed terms with the victim, and the age of the defendant, etc., the sentence against the defendant shall be suspended to imprisonment without prison labor for up to 8 months within the scope of the recommended sentence.

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