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(영문) 전주지방법원 남원지원 2014.07.22 2014고단128
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

On June 3, 2013, the Defendant, who is engaged in driving a B M& car, was driving the said car on June 3, 2013, and was driving on a one-lane road in front of the metropolitan life in the south of the city at the south of the city at the time from the prohibition to the south of the city at the speed of about 60km.

At the time, the place was narrow one lane, and the defendant discovered that the victim C (the age of 81) was driving a bicycle on the right side of the defendant's front side. In such a case, when the driver well spons the front side and the bicycle side passed, the driver had a duty of care to secure a necessary distance to avoid collision with the bicycle.

Nevertheless, without securing a sufficient distance from the above bicycle, the Defendant was negligent in proceeding along the right side of the bicycle and received the left side part of the bicycle as side of the Defendant’s car.

As a result, the Defendant suffered serious injury to sexual dementia, etc. that could not be known to the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. On-site photographs;

1. A medical certificate;

1. Investigation reports (report on telephone conversations between a doctor in charge) and the application of statutes governing telephone communications on commission;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Scope of punishment: Not more than five years of imprisonment without prison labor;

2. Aggravation of the sentencing guidelines: Traffic crime, general traffic accident, and Type I (Special Aggravation of Traffic Accidents): Where a serious injury occurs, the mitigated factor: Where the victim has a substantial negligence on the occurrence of a traffic accident or the expansion of damage (determination of the scope of sentence): April through October of a credit cooperative;

3. The decision of sentencing shall be made by mistake of the defendant;

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