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(영문) 광주지방법원 목포지원 2016.12.23 2016고단1354
교통사고처리특례법위반(치상)
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 service B.

around 22:05 on March 27, 2016, the Defendant driven the above Obaba, and moved the front road of the “D” model Heabari-gun C located in the Naman-gun, Chungcheongnam-do, Seoul, to the right from the west of the square to the west of the west-do.

At the time, the Defendant was unable to take part in the right at night, and the Defendant was in the right-hand intersection, so there was a duty of care to prevent the accident by reducing the speed and operating the steering gear and the brakes accurately.

Nevertheless, the defendant neglected this and failed to reduce speed, and caused the negligence of wrong operation of the steering gear to go beyond the above Orala.

After all, the Defendant suffered injury to the victim E (the age of 19) who was on board the back of the above Oral Ocean due to such occupational negligence, such as cerebral cerebrovas, for about 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of one CD to field photographs, diagnostic notes (E), ctv video recording materials in traffic accidents;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The scope of recommendations on the sentencing criteria (the scope of recommendations) shall be limited to the general traffic accident category I (the injury resulting from traffic accidents) without the basic area (four to one year) (the person who is specially punished);

2. Determination of sentence: The fact that the degree of injury of the victim is relatively heavy due to the accident in the instant case of six months of imprisonment without prison labor and one year of suspended execution; however, the defendant recognized the crime in this case and reflects it; the victim was a first offender; the victim was fluently accompanied by the defendant without using a hemothic boar on the hemoth, and the victim was covered by liability insurance.

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