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(영문) 광주지방법원 2017.06.15 2017고단1762
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 February 27, 2017, the Defendant driven the above cargo vehicle on February 14:05, and proceeded with the first line of the roads in front of the South Yong-gun's South Yong-gun's South Yong-gun's written documents to the area south of the Gun from the area south of the Young-gun, and made the turn to the left at the alleyway of Samsung Total Agricultural Machinery.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care for a person engaged in driving of a motor vehicle to safely drive the motor vehicle by complying with the tea line.

Nevertheless, the defendant neglected this and got the left left by the negligence of the center line, and got the front wheels part of the victim C(71 tax) driving, which was the front wheels part of the freight of the defendant's driving, was the rear wheels part of the driver's freight.

Defendant 1 caused the victim to suffer injury, such as pulverization of flavers to the right-hand flavers, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend the lecture [the type of determination] - Class 1 of the ordinary traffic accident [the person causing a traffic accident] - The elements of mitigation: The area of mitigation [the scope of recommendation] reduction [the scope of recommendation] from January to August / [the scope of general sentencing] reduction area - When comprehensive motor vehicle insurance policy is subscribed - Where it falls under the proviso of Article 3(2) of the Act on the Protection, etc. of Military Service and Order to Attend the lecture - Major factors of mitigation [whether suspended sentence is suspended]. The reason why punishment is not imposed - The other negative reasons for general consideration:

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