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(영문) 광주지방법원 목포지원 2015.10.15 2015고단954
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 string and freight vehicle B.

On July 17, 2015, the Defendant driven the above cargo vehicle on the 11:15th of July, 2015, and led to the two-laned road in front of the D, which is in Mapopo City C, along one-lane from the front side of the Penenama to the cafeteria of the Gyeongdodododonam.

At all times, a crosswalk without signal apparatus was installed on the front door, so there was a duty of care to prevent an accident in advance by safely driving on the front left right and the right by the driver of the vehicle.

Nevertheless, the Defendant discovered the victim E (W, 52 years old), which was cut to the right side from the left side of the Defendant’s running direction, but thought that the victim stop and proceeded to do so, and caused the victim to go beyond the floor with the driver’s seat of the above cargo vehicle operated by the Defendant due to negligence.

Ultimately, the Defendant suffered injury to the victim, such as the closure and duplicating of cupage cupage, which requires approximately six weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

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 shall not be subject to punishment);

3. Although the injury suffered by the victim as to the decision of sentence or suspension of execution is not easy, the defendant recognizes and reflects his fault, the victim does not want the punishment of the defendant, and the defendant does not want it.

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