(영문) 광주지방법원 목포지원 2015.04.10 2014고단1996

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(영문) 광주지방법원 목포지원 2015.04.10 2014고단1996

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 driving a low-priced vehicle B.

On August 9, 2014, the Defendant driving the said car at a speed of 08:40, and driving the first line prior to the stable center located in the village of emulgion in the Sinpo City, along with one lane, at a speed from the emulgion of the new school to the emulgion of the mountain at a speed from the emulgary of the Mangic City.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to make a person engaged in driving of a motor vehicle thoroughly and safely drive the motor vehicle with the duty of care.

Nevertheless, in order to overtake a vehicle running ahead of it by neglecting this, the Defendant received the front part of the DNA cargo vehicle driven by the victim C (Nam, 46 years old) driving in the front part of the said vehicle driven by the Defendant due to the negligence of driving the central line.

The Defendant caused the injury to the victim E (the 55-year old), a passenger of the vehicle driving by the Defendant due to the foregoing occupational negligence, such as 1, 2 times in drilling 1, and 10 weeks in need of medical treatment, and the injury to the victim F (the 54-year old age), such as culf culf dulf dulf dulging on the left-hand side, which requires medical treatment for about 9 weeks, and the victim G (the 51-year old age), thereby causing the victim C, a driver of the said cargo, to suffer injury to the brain dulf, which requires medical treatment for about 2 weeks in advance.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accidents;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The sentencing criteria shall be applied as they are concurrent crimes with the reasons of sentencing in Article 62(1) of the Criminal Act.

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