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(영문) 광주지방법원 목포지원 2015.06.19 2015고단423
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a freight vehicle B, C, and C.

Around 10:20 on February 27, 2015, the Defendant driven the franchising of the franchising of the franchison-gun, Nanannam-gun, with the driving of the franchising of the franchison-gun.

At this point, a place where a median line is installed with a yellow solid line, and was a road bended to the right-hand side of the one-lane. Therefore, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear and brakes by accurately operating the steering gear and brakes along the center line along the right-hand side.

Nevertheless, the Defendant neglected this, and caused the Defendant to go beyond waterway by neglecting the center line on the left side in order to overtake the error of the victim C(78 years old) driving, which was in progress on the front side of the Defendant, and by failing to report the non-motor vehicle that was proceeding on the opposite side, which was rapidly returned to the Defendant’s proceeding route, the Defendant left the left side of the said cargo vehicle on the right side of the loading side of the said cargo, which led to the above Orabab to go beyond waterway.

As a result, the Defendant suffered injury, such as flaverization of flavers, which requires approximately nine weeks of medical treatment, to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) (1)

1. A medical certificate;

1. Application of Acts and subordinate statutes to the scene of an accident, photographs of damaged vehicles, photographs of harming vehicles, photographs of shocked parts of damaged vehicles, and photographs of accident site;

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. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;

1. Determination of types of crime: Traffic accidents in general;

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