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(영문) 광주지방법원 목포지원 2013.06.25 2013고단519
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 September 22, 2012, the Defendant driven the said car on September 10, 2012, and led to the Central Park from the south Middle High School to the south of the Republic of Korea, a one-lane in front of the Southern-gun, Samnam-do, Samnam-do, Chungcheongnam-do.

At the time, there is an intersection with a signal apparatus, and the red light was on-and-off, so there was a duty of care to temporarily stop to a person engaged in driving of a motor vehicle to check whether the front line is safe, to drive the motor vehicle, and to prevent the accident in advance when there are other motor vehicles seeking to drive the motor vehicle from a road with a wide width.

Nevertheless, the Defendant neglected this and neglected to stop, thereby in violation of signal, and proceeded to the Southern Library from the south ridges to the south west of two lanes from the south ridges, and by failing to yield the course to the victim C(the age of 46) driving, the first even portion of the Defendant’s vehicle’s string of the damaged vehicle was the front part of the damaged vehicle.

Ultimately, the Defendant suffered serious injury, such as cerebral chrone, due to vertebrate so that it is difficult to know the number of days of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation report (verification of the relative of the doctor in charge of the E Hospital and the degree of injury of the victim C);

1. Application of Acts and subordinate statutes to the F medical certificate, medical statement (F serious injury) and medical statement;

1. Article 3 (1) and the proviso to Article 3 (2) and subparagraph 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning facts constituting an offense, and Article 268 of the Criminal Act (Consideration of whether the degree of injury to a victim is heavy);

1. The suspension of execution is against Article 62(1) of the Criminal Act, deposit of 4 million won for the victim, and subscription to a comprehensive insurance and insurance.

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