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(영문) 전주지방법원 남원지원 2016.01.05 2015고단215
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On August 22, 2015, the Defendant, who is engaged in driving of Category C cargo vehicles, was driving the above cargo vehicles around August 18:14, 2015, and led to the direction towards the public market near D'E located in the south-si.

At the time, the location is the road of the first lane and the center line is installed. In such a case, the driver had a duty of care to protect the vehicle line well and safely drive the vehicle to prevent the accident in advance.

Nevertheless, the Defendant: (a) caused damage to the number of trees in need of approximately 32 weeks of treatment on the right side of the said cargo vehicle and sustained approximately 32 weeks of treatment on the part of the victim F(52 tax) driving, who was straighted in the opposite opposite line by negligence at the center line to turn to the left at the above place; (b) the front side of the victim F(52) driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes on traffic accident reports;

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. Scope of punishment by law: Imprisonment without prison labor;

2. Application of the sentencing guidelines [the types of determination] traffic crimes, general traffic accidents, and Type 1 (Bodily Injury from Traffic Accidents): Where an injury occurs among the factors of aggravation [the person subject to general sentencing]: Where an injury occurs (the person subject to general sentencing] under the proviso to Article 3 (2) of the Act on Special Cases of the Republic of Korea (the central crime subject to mitigation): The amount equivalent to deposit, the amount of comprehensive motor vehicle insurance subscription [the area of recommendation and sentence of recommendation] increased, August to June.

3. The fact that the defendant's decision of sentence is against the defendant, that the defendant subscribed to a comprehensive motor vehicle insurance and appears to be paid insurance money to the victim, and that the defendant deposited 18 million won with the victim as the consignee on September 22, 2015 is favorable to the defendant.

However, the traffic accident of this case occurred when the defendant invadeds the central line.

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