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(영문) 광주지방법원 목포지원 2015.07.16 2015고단318
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 freight B and B.

At around 13:25 on December 16, 2014, the Defendant got to turn to the left from the front of the D Pharmacy, which is located in the Manan-gun C, Manan-gun, Manan-gun.

It is an intersection where traffic is not controlled, and there is a crosswalk installed on the front side of the direction that the defendant intends to turn to the left, so in such a case, the driver of the motor vehicle had a duty of care to prevent the accident in advance by checking whether there is a person who is engaged in driving the motor vehicle and driving the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim E (W, 66 years old) who dried the above crosswalk due to negligence, and received the part left side of the victim's body with the front part of the driver's seat of the cargo vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury, such as pressure duplicating 12 weeks of medical treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report and on-site photographs of traffic accidents;

1. A photograph of a CCTV closure;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Reduction area, range to six months (a person who is subject to special mitigation shall not be subject to punishment);

3. The defendant's negligence not on the part of the defendant, but on the part of the defendant as to whether to suspend the sentence or stay of execution, but on the part of the victim, the defendant recognized his negligence and reflected his fault, and after the prosecution of this case.

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