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(영문) 광주지방법원 목포지원 2014.11.06 2014고단1330
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 spectrum car.

On June 15, 2014, the Defendant driven the above car at a speed of about 60km per hour among the two-lanes of the eambrance of the military map, which is located in the grost of the grix of the grown-gun, Yongnam-gun, Yongnam-gun, the Defendant driven the above car at a speed of about 160km per hour.

Since there is an intersection where signal lights are installed, there was a duty of care for those engaged in driving of the motor vehicle to drive the motor vehicle safely according to good faith.

Nevertheless, the Defendant neglected this and was driven by the victim D (Nam, 52 years old) who is to turn to the left from the front bank in accordance with the new sub-defluence from the Young rock bank by negligence in violation of the signal, and was driven by the Defendant as the front part of the trop motor vehicle operated by the Defendant.

The Defendant caused the victim by negligence in the course of performing his duties to suffer injury, such as a scarcity and scarcity in need of treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Actual condition survey report, accident site map, and evidence and photographs of the scene of the traffic accident;

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

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Reduction area, range to six months (a person who is subject to special mitigation: a person not subject to punishment);

3. Determination of sentence and suspension of execution, the fact that the defendant recognizes and reflects his/her mistake, the fact that the defendant agreed with the victim, the fact that the defendant has purchased an automobile comprehensive insurance policy, the defendant has no record of criminal punishment exceeding a fine, the age, character, conduct, family relationship, health conditions, etc. of the defendant.

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