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(영문) 전주지방법원 남원지원 2013.09.03 2013고단137
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 engaging in driving a ready-light vehicle C.

On April 29, 2013, the Defendant driven the above vehicle at around 22:10, and led the front road of the “persons who walked in the gold-dong,” which is located in the gold-dong, to turn to the left at an irregular speed from the 4-distance off of the gold-dong public parking lot.

At the time, the defendant is at night and the defendant is going to turn to the left, so in this case, the defendant engaged in driving of the motor vehicle had a duty of care to keep the front door and left and safely operate the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the victim D(45 years old) who crosses the road to the port from the right side of the driving vehicle in the direction of the Defendant’s drive vehicle due to the negligence of breaking the center line to the left left, and received the victim’s left side buckbucks in front of the driver’s seat.

As a result, the Defendant suffered injury to the victim by his occupational negligence, such as cutting down the upper half of the left-hand body, which requires approximately 10 weeks of medical treatment.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Each traffic accident report;

1. A medical certificate (D);

1. Investigation reports (Attachment to CCTVs that violate parking or stopping regulations), investigation reports, and application of Acts and subordinate statutes to investigative reports;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment: One to five years of imprisonment without prison labor for a month;

2. The scope of the sentence recommended on the sentencing guidelines [the category of crime] traffic crime, general traffic accident, and the first category (the injury resulting from a traffic accident] that are not applicable (the decision of the scope of sentence] (the decision of the scope of sentence shall be made by a special person] basic area (the credit cooperative four months to October);

3. Determination of sentence: six months of imprisonment without prison labor and one year of suspended execution; and

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