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(영문) 광주지방법원 2018.03.29 2017고단5914
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

On August 1, 2017, the Defendant driven a dump truck at around 10:20, while driving the dump truck at around 10:20, the Defendant continued to drive the road near D at the seat of the Southern-Eup. Since the road is installed with the center line of yellow-ray, the Defendant, despite the duty of care to prevent accidents, such as passing along the center line to the right side of the center line, driving a bicycle at the front line, driving a motor device driven by the victim E (73 aged) (73) who met the center line, passed the bicycle at the front line, passed the bicycle at the center, and entered the motor line at the right side of the said truck, and got the victim E to take part of the fump truck's knife of the bicycle, and sustained the injury of the victim E, such as brain fump, so that the 6-day treatment of the bicycle is necessary for approximately 6 weeks treatment, and at the same time, 60-day treatment of the fump, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The evidence and photographs of each traffic accident;

1. Copies of each medical certificate (the sequence 32,34 of the evidence list);

1. Application of the statutes governing a written estimate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, concerning facts constituting an offense;

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

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the lecture: (a) the Defendant was aware of his mistake by another person; (b) the Defendant was driving a truck upon another person’s request; and (c) the Defendant was unaware of the fact that the Defendant did not have been covered by a comprehensive insurance at the time; and (d) the criminal records of

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