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(영문) 광주지방법원 목포지원 2014.11.14 2014고단1350
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving C gallon.

On April 21, 2014, the Defendant driven the above vehicle at around 09:30 on April 21, 2014, and was proceeding at approximately 50km in speed from the epoch of the epoch of the epoch of the epoch of Yongnam-gun to the epoch of the epoch of the epoch of the epoch-gun.

Since this is a three-distance intersection, there was a duty of care to refrain from overtaking a person engaged in driving a motor vehicle.

Nevertheless, the Defendant neglected this and went to turn to the left at the right side of the driving vehicle of the Defendant when the Defendant went to the left at the front direction of the Defendant's driving of the victim D (the age of 80) and the 95CC SP, which turn to the left at the right side of the Defendant's driving vehicle, led to the left side of the Defendant's driving vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as T1 and T12, which requires approximately 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A written diagnosis on D;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (4) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution) (Article 62(1) (the scope of sentence recommended by the sentencing guidelines in consideration of the following: (a) the fact that a person has committed a crime; (b) the fact that an insurance company has subscribed for a motor vehicle comprehensive insurance and paid 8.4 million won to the victim as agreed money; (c) the defendant deposited one million won to the victim; and (d) the defendant has no record of criminal punishment; and (e) the defendant's age, career,

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