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(영문) 광주지방법원 해남지원 2016.01.21 2015고단533
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is the driver of the cargo vehicle B.

On July 23, 2015, around 14:50 on July 23, 2015, the Defendant driven the above cargo vehicle at D in front of the Jindo-gun C, Jindo-gun, and entered the front lane, and proceeded to turn to the left in the direction of the city on the off.

At this point, there is a center line of the yellow-ray so that the right-hand turn should be made in the direction of the above D, and since a person engaged in driving service has a duty of care to accurately manipulate the front side and the right-hand side and prevent accidents by accurately manipulating the operation of the steering and steering devices, the defendant neglected this duty of care and caused the damage to the victim E (57 years old) who is driving on the right-hand side from the left-hand side of the Defendant's driving vehicle due to the driver's fault in the course of duty and caused about 14 weeks to the victim by cutting off the victim's left-hand side of the driver's vehicle by cutting off the victim's back the back-hand side of the victim's driving vehicle, which requires approximately 14 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written diagnosis (E);

1. A traffic accident report, a survey report on actual condition, 2 (on-site drawings, etc.);

1. Application of the Acts and subordinate statutes governing the scene map of a traffic accident and on-site photographs;

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. Where an injury occurs in the aggravated area (from August to January) (in the case of a person subject to special aggravated punishment) of the first type of general traffic accident (in the case of a person subject to aggravated punishment), the aggravated area (in the case of a person subject to aggravated punishment).

2. In the instant traffic accident involving a sentence, the victim suffered irrecoverable damage, and the victim or his/her family members seem to suffer significant pain.

Nevertheless, the defendant is liable to the injured party for damages.

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