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(영문) 광주지방법원 순천지원 2016.08.31 2016고단962
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 a period of two years 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 Crane car.

On January 17, 2016, the Defendant driven the above car at a speed of 20:40, and driven it at a speed from the side of the bus terminal between the two-lane two-lane intersections in front of the front apartment, which is located in the luminous Jung-si-si.

At night, there are many signals installed at the time, so in such a case, the driver of the motor vehicle has a duty of care to prevent accidents by thoroughly manipulating the steering direction and brake system of the motor vehicle in accordance with the signals of the signal apparatus, and accurately manipulating the steering direction and brake system of the motor vehicle in accordance with the signal apparatus.

Nevertheless, the Defendant neglected to stop the signal of the signal apparatus while proceeding as it was, and caused the Defendant’s failure to stop the signal, and led to the Defendant’s fault on the right side from the Defendant’s moving direction to the back side of the Victim D(76 S) drive, which followed the Defendant’s back wheeler’s right side, to the front part of the car of the Defendant driving.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim F (FF, 76 years of age), G (V, 53 years of age) with the victim F (V), and G (V, 53 years of age), such as salt, tensions, etc. of cages that require approximately 6 weeks of treatment, and suffered injury, such as cage 11 and 12 of cages that require approximately 6 weeks of treatment to the same victim H (V).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and D;

1. A traffic accident report and evidence and photographs of the scene of the traffic accident;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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 reason for sentencing of Article 62-2 of the Criminal Code of the community service order is common sense.

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