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(영문) 춘천지방법원 강릉지원 2013.11.07 2013고단586
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 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 the operation of Category C of Launa car.

On August 5, 2013, the Defendant driven the above vehicle on August 19:35, 2013, and proceeded to turn to the left from the right-hand post office near the chamber of commerce and industry in the south-do of the third-way.

In this case, there was a duty of care to check whether a person engaged in driving service has a way to drive safely by reducing the speed in advance and by checking well the right and the right and the right of the road.

Nevertheless, the Defendant neglected to do so and went beyond the victim D (Woo, 71 years old) who towed the hand gate to the right side of the direction of the Defendant’s proceeding and opened the crosswalk to the right side.

Ultimately, the Defendant suffered injury to the victim, such as the closure of a 10-day framework, which requires approximately 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing criteria: Traffic crime group, general traffic accident, injury by traffic accident (special person) - mitigated factors: Reduction area of punishment [the scope of the recommended area and the sentence of recommendation]: Not more than six months;

3. The fact that a serious injury was not a serious injury, not a sentencing decision, is the sentencing sentencing factors disadvantageous to the defendant.

However, in consideration of the fact that an automobile comprehensive insurance policy and an agreement is reached with the victim to pay KRW 10.5 million, and that it is an initial offender, as above.

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