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(영문) 창원지방법원 통영지원 2015.01.09 2014고단744
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a D-port cargo vehicle.

On April 30, 2014, the Defendant driven the above vehicle on April 19, 2014, while driving the vehicle at a speed of 19:45, led to driving on the front side of E at a speed of 1:5.

At the time, since it is a road at night and where no street is installed, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by thoroughly operating the front door and the left door door door door door and the left door door door door door door door, and by accurately manipulating the brake system.

Nevertheless, the Defendant neglected this and found the Victim F (year 71) who dried up the road at the bend of the bend of the bend of the road and operated it to avoid this. However, the Defendant did not avoid it and had the said Victim go beyond the ground by receiving the said Victim from the front of the car of the Defendant.

Ultimately, the Defendant suffered from a serious injury, such as a acute blood transfusion, the left-hand framework, etc., which requires at least 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a written opinion and a written statement of intent (serious injury);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act, the defendant is recommended to be sentenced to April to imprisonment without prison labor for up to 10 months (in a case where, as a special mitigation factor, the victim has been at considerable negligence in the occurrence of a traffic accident or the expansion of damage), recommendation for the basic area of the type of crime (in a case where, as a person causing a traffic accident, a person causing a serious injury has been at considerable discretion). The victim suffers a serious injury.

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