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(영문) 광주지방법원 2017.11.14 2017고단3471
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

Reasons

Punishment of the crime

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

On May 30, 2017, around 10:20, the Defendant entered a D cafeteria in front of the D cafeteria located in the Southern Ye-gun C, in order to go up to a three-lane of the Dorge hot spring, and entered the secondary line of lanes located therein.

Since there is a road where a central line is installed, a person engaged in the driving of a motor vehicle has a duty of care to drive the motor vehicle by observing the lane without breaking the central line, such as entering the lane with the distance of poppy and making a U-do hot spring tri-distance, after having entered the lane, etc.

Nevertheless, the Defendant neglected this, while driving the central line in order to immediately enter the hot spring tri-distance room of Do, received the front part of the cargo vehicle operated by the Defendant in front of the cargo vehicle operated by the Defendant, which was driven by the victim E (33 Do) who was driving along one lane from the tri-distance gate of poppy from the tri-distance off of Doe hot spring water discharge to the south-distance tri-distance gate of poppy.

Ultimately, the Defendant suffered injury to the victim, such as cutting the floor of heavy resin No. 4, which requires approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. On-site evidence and photographs;

1. A survey report on actual conditions;

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

1. The relevant legal provisions of criminal facts and Article 3(1) and (2) proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Selection of Punishment, and Article 268 of the Criminal Act / [The type of decision] The basic field of sentencing of type 1 (Determination in the sphere of recommendation] [the scope of recommendation] from April to one year [the scope of recommendation] / General sentencing person] from April to one year / 1 year: In cases where a comprehensive motor vehicle insurance policy – In cases where a serious injury that is not an injury occurs among them falls under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (whether a suspended sentence is suspended] - The reasons for general consideration are negative:

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