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(영문) 광주지방법원 2014.02.13 2013고단5070
교통사고처리특례법위반
Text

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

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

The defendant is a person who is engaged in driving of the CM5 vehicle.

On September 20, 2013, the Defendant driven the above vehicle on September 20, 2013, and proceeded ahead of the Chungcheongly weak road located in the Busan East-gu, Gwangju-gu, along the four-lane distance, with the opposite lane.

Since there is a center line of yellow solid lines, there was a duty of care for those engaged in driving of motor vehicles to make a internship at the permissible point of internship.

Nevertheless, the Defendant neglected to do so and led to the fault of the centering on the center line, which led from the fault of the Defendant, to the direction of the opposite direction, brought the front end of the E-motor bicycle driving of the victim D(17 years old) driving from the direction of the river distance to the right side of the motor vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as duplicating the body of workers, which requires approximately 14 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. The fact that the degree of injury of the victim for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is more severe is an unfavorable normal relation, or agreed with the victim, there is no record of punishment for the same kind of crime, and there is a favorable normal relation, and therefore, the punishment as the order shall be determined by taking such overall circumstances into consideration

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