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(영문) 광주지방법원 해남지원 2016.11.10 2016고단334
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On April 25, 2016, the Defendant, who is engaged in driving of C-III cargo vehicles, was driving the above cargo vehicles at around 16:40 on April 25, 2016, and continued the intersection of the C-III village in front of the G-nam Sea, South-west, South-west, South-west, the west-west, the west-west, the west-do

In such cases, a person engaged in driving service has a duty of care to prevent accidents due to the reduction of speed and the well-being of prior left, etc.

Nevertheless, the Defendant neglected to do so and went through the above intersection from the right side to the left side of the horse driving by the victim D (e.g., the age of 59) who passed the above intersection due to his negligence, taken the front part of the said cargo vehicle as the front part of the said cargo vehicle, and caused the victim to suffer injury, such as the mouth of the left-hand pelle, which requires approximately 16 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate (D);

1. A traffic accident report (1 report) and a traffic accident report;

1. The application of relevant photographs (1) and evidence and photographs of the scene of an accident;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. The basic area (from April to one year) (special person) of the sentencing criteria shall not apply (the scope of recommendation) to the general traffic accident of category 1; and

2. In light of the fact that the degree of injury of the victim in the decision of sentencing is very serious and that it is not agreed with the victim, the defendant should be punished strictly, but the fact that the defendant reflects the defendant, partly deposited the amount for the victim, there is no criminal power in the same kind of crime, the defendant's age, character and conduct, environment, occurrence of accident, circumstances after the crime, etc. are considered, and the sentencing factors revealed in the process of the trial of this case are considered as ordered.

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