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(영문) 광주지방법원 목포지원 2015.04.24 2015고단62
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

At around 19:50 on November 3, 2014, the Defendant continued to turn to the left of the front of D, located in the territory of the Jeonnam-gun, Chungcheongnam-do.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to signals such as signal to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to turn to the left due to the negligence in violation of the signal, and led the victim E (the age of 61) driven by the victim E (the age of 61) in accordance with the normal signal to the lower area on the right-hand part of the motor vehicle operated by the Defendant.

As a result, the Defendant suffered injury, such as an injury to the victim due to the above occupational negligence, such as an 14 weeks of medical treatment accompanied by a flaps’ card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Reduction area and for not more than six months (special-sponsor: Non-sponsor of punishment);

3. The defendant's negligence on the part of the defendant in the decision of sentence is not less severe, and the victim suffered a necessary injury for about 14 weeks, but the defendant recognizes his negligence and reflects his fault, the victim does not want the punishment, and the comprehensive motor vehicle insurance.

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