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(영문) 광주지방법원 목포지원 2015.06.15 2015고단393
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 a B-man car.

At around 07:20 on March 15, 2015, the Defendant continued to run at a speed of two-lanes in front of the fish club as a marine university in Mapopo-si, the two-lanes of the two-lanes in front of the fish club, from the flood bank of the Mapo-si, to the seat of the hotel for keeping the new airport at a speed of one-lane.

Since there are two-lanes, the driver of the motor vehicle has a duty of care to live well on the front left left and right, observe the lane, and safely drive the motor vehicle in advance to prevent accidents.

Nevertheless, the Defendant neglected this and got the front part of the victim C (the 53-year-old driver’s license) driving of the victim C(the 53-year-old driver’s license) driving along the lane in the opposite direction due to the negligence of the Defendant’s failure to drive the center line.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the development of the shoulder shoulder belts and the damage of the power rope, which require approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Application of Acts and subordinate statutes two copies of a medical certificate (C) and an additional medical certificate (C);

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

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 sentencing criteria shall be limited in consideration of the fact that the defendant's decision on the sentence or suspended execution recognizes and reflects his own negligence, the agreement with the victim, the fact that the defendant has subscribed to the motor vehicle comprehensive insurance, the defendant has no record of criminal punishment since 2007, the defendant's age, character and conduct, etc.

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