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(영문) 전주지방법원 2013.10.02 2013고단1594
교통사고처리특례법위반등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C EthC cargo vehicles.

Around 15:50 on March 23, 2013, the Defendant driven the above cargo vehicle, and turn to the left at a speed of about 20 km from the third - range of the second line at the speed of 88-4, which is located in the ancient-gu Dan-gu Dandong-gu, Jeonju to the left at the speed of 15 km.

Since there is a place where the left-hand turn is allowed, the defendant engaged in driving duty has a duty of care to thoroughly operate the front and left-hand turn and to safely operate it.

Nevertheless, the Defendant neglected to make a left turn and went to the left at the intersection, and by negligence going to the opposite lane, was driven by the victim D (year 71) who proceeds normally in accordance with the new subparagraph from the opposite side, and received the front part of the cargo vehicle driven by the Defendant.

Ultimately, the Defendant caused the victim D’s occupational negligence to suffer injury, such as the pelon of the pelon, accompanied by the escape of the left head of the pelon, which requires approximately 16 weeks of medical treatment, and at the same time destroyed the victim’s pelon of the pelon to the extent that the Defendant scraped the pelon of the pelon cargo amounting to approximately KRW 1,00,000 at the market price

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning criminal facts;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62(1) of the Criminal Act (i.e., a primary offender, a deposit of KRW 10 million for the victim, and a violation of the depth of the instant crime), the summary of the facts charged, as stated in its holding, is the same as that of the Defendant, and the duty of care is exercised at the time and place.

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