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(영문) 광주지방법원 목포지원 2014.10.31 2014고단1276
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 a B car car.

On July 25, 2014, the Defendant driven the above car on July 18:12, 2014, and proceeded at approximately 80 km each hour from the balkside to the balkside of Youngnam-gun, Youngnam-gun, with a two-lane distance from the balkside to the balkside of Youngnam-do.

Since the intersection is an intersection where traffic is controlled by signal, etc., a person engaged in driving service has a duty of care to proceed in accordance with signals.

Nevertheless, the Defendant neglected this and proceeded with the stop signal by neglecting the stop signal, and caused the left-hand turn to the left-hand turn at the seat of the seat of the subdeed Madamboo-Eup. In accordance with the new code, the front part of the car No. 49 years old and the front part of the car No. 520 on the left-hand turn to the left-hand turn.

The Defendant caused the victim to suffer injury by occupational negligence, such as the cutting of a felball, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. The actual condition survey report;

1. A written diagnosis for C;

1. Application of traffic accident evidence examination and photographing statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts. Article 268 (Consideration of Imprisonment without prison labor and Consideration of the degree of injury suffered by the victim, etc.);

1. The scope of the sentence recommended in the sentencing guidelines in consideration of the fact that Article 62(1) of the Criminal Act (a) of the suspended sentence is against the victim, deposits KRW 2 million for the victim, purchases a comprehensive motor vehicle insurance policy, there is no record of criminal punishment, and the defendant is also considered to have suffered an injury that is not lightly imposed due to the instant traffic accident, etc.

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