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(영문) 광주지방법원 2016.06.30 2016고단467
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On December 28, 2015, the Defendant driven the above car at around 04:30 on December 28, 2015, and got the front of the oil station in Gwangju Northern-gu D along the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lane.

Since there is a place where the center line of yellow solid lines has been installed, in such a case, a person engaged in driving service has a duty of care to pass along the right side without breaking the center line.

Nevertheless, the Defendant neglected this and went through the opposite lane due to the negligence of the Defendant’s failure in driving the center line, and received the part of the G Poter’s G Poter freight driving seat in front of the driver’s seat in the front of the Defendant’s vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim FF, such as dulverization of flag on the left-hand side in need of approximately 16 weeks of treatment, and suffered injury to the victim H (V, 53 years of age) who was on board the above cargo vehicle, for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of the traffic accident report, each medical certificate, and each photographic statute;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The negligence of the defendant who has committed an offense over the center line of yellow solid lines in the reasons for sentencing the sentencing of the selective imprisonment without prison labor for the sentencing of the punishment is large;

The degree of injury of the victim F is serious.

At the time of the instant accident, the Defendant driven alcohol (Provided, That at the time of the instant accident, the alcohol concentration of the Defendant’s blood exceeds 0.05% by the penalty custodian.

For the reason that it cannot be readily determined, the crime of violating the Road Traffic Act was not prosecuted separately. The sentence of sentence is inevitable in such unfavorable circumstances.

However, the following points are:

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