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(영문) 광주지방법원 장흥지원 2015.01.08 2014고단160
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving the C Poter, Spos, Spos, and to capsf trucks.

At around 12:40 on May 23, 2014, the Defendant driven the above cargo vehicle and proceeded ahead of the Dong Village Center, which is located in the Dong-gun, Jin-gun, Jin-gun, Jin-nam, to the Dong Village Center from the direction of Dong-dong Village platform.

Since this is a hond road, there was a duty of care to prevent accidents, such as reducing speed to a person engaged in driving of a motor vehicle, taking the front side and the right and the right of the motor vehicle, accurately manipulating the steering direction and the brake system, etc.

Nevertheless, the Defendant neglected this and found the victim D (at the age of 83) to be pushed and walked with the pedestrian aids in the front bank due to negligence, which led to the Defendant’s negligence, late detection and sudden operation of the 83 years old. However, the Defendant did not avoid it, but did not shock the victim’s shoulder by the side part of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the alley chief executive in the right-hand part, which requires approximately nine weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement of D police statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. The relevant criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor [the scope of recommending sentence] general traffic accidents, types 1 (Death by Traffic Accidents), and the basic area (from April to October) / [the sentence] 8 months of imprisonment without prison labor in 209 and in 2010 ( there is no evidence that a person has committed a crime of drinking under the influence of alcohol although he/she had been sentenced to a fine in 209 and in 2010]. The name of the instant crime is the name of the instant crime under the influence of alcohol (no evidence that he/she has committed a crime of drinking alcohol). - The victim has not actively taken relief measures after the accident, and the circumstances after the crime are maintained,

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