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(영문) 광주지방법원 2014.04.23 2014고단473
교통사고처리특례법위반
Text

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

except that 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

The Defendant is a person who is engaged in driving a marina freight vehicle B.

On January 21, 2014, the Defendant driven the above cargo vehicle around 07:25, and led the Defendant to drive three lanes in front of the Gyeongdong-ro in Gwangju Mine-gu, according to one-lane from the side of the Mining ICT to the Hanam Industrial Complex.

At the time, the snow drop road is narrow, and at the same time, signal lights are installed on the front side, and it is a three-distance intersection with no U-turn sign, so the driver had a duty of care to live well in the front left and drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and received the front part of the victim C driver's Dasle car in the opposite direction by negligence in violation of the straight line signal at the front direction. The Defendant was able to carry the front part of the driver's Dasle car in the front direction.

The Defendant suffered from the injury, such as scarke, which requires 12 weeks of care due to occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, on-site map, on-site and vehicle photographs, and a traffic accident report (1) (2);

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

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;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] Traffic, General Traffic Accidents, Injury by Traffic Accidents (Type 1) [Special Convicts] Reduction element - [including efforts to recover damage] Reduction element / [The scope of Recommendation Region] / [the scope of Recommendation Region] from January to June [the scope of Recommendation Region] / there is no serious reflector and no record of criminal punishment / there is no possibility of criminal punishment / [the suspension of execution] Main Reasons for Suspension of Execution - There is no significant reason for punishment (esteem of sentence): The decision of Suspension of Execution of imprisonment without prison labor / there is no record of criminal punishment / there is no negative element [the decision of Suspension of Execution] 8 months, the suspension of execution of sentence of two years the victim injured 12 weeks.

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