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(영문) 광주지방법원 목포지원 2014.09.01 2014고단963
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 who is engaged in driving a free-of-land freight vehicle B.

At around 14:30 on April 25, 2014, the Defendant came to turn to the left to the Masan Village in front of the Masan-ri, Masan-ri, Masan-ri, Masan-ri, Masan-ri, Masan-do.

At the time, the victim C(64 years of age) driver's D overwing and freight cars are moving to the right to release from the road at the time, so in such a case, the Defendant, who is engaged in driving of the motor vehicle, has a duty of care to safely drive the motor vehicle without exceeding the central line and prevent accidents.

Nevertheless, the defendant neglected this and received the front part of the driver's seat of the victim's driver's vehicle as the front part of the driver's seat of the defendant's driver's vehicle due to the occupational negligence that caused the center line

As a result, the Defendant suffered injury, such as “the frame of the Bridge,” which requires approximately nine weeks of medical treatment by occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A survey report on the actual condition of a traffic accident, and on-site photographs of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

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 (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

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: a person not subject to punishment);

3. Determination of sentence and suspension of execution are not provided that the defendant's negligence is not less severe, and that the defendant has suffered serious injury, but the defendant's mistake is recognized and reflected, that the defendant has agreed with the victim, and that the defendant has been punished once by a fine.

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