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(영문) 광주지방법원 목포지원 2015.03.26 2014고단620
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 of a freight truck of 25 tons of treatment B.

On February 24, 2014, the Defendant driven the above cargo vehicle at around 06:45, and had the road front of the entrance of the North IC located in Puan-gun, Gyeongan-gun, Chungcheongnam-do left left at the seat of the Banananan-do.

At this point, the signal apparatus is an intersection installed, and the other automobiles are proceeding in accordance with the signals, so in such a case, the driver had a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant neglected this and received the front part of the victim C (ma, 43 years old)'s D 4.5 tons of the above treatment 25 tons of the truck, which was driven by the victim C (ma, 43 years old) under the new subparagraph, from the negligence of failing to turn left at the left at the front of the stop signal.

The Defendant caused the victim to suffer injury by occupational negligence, such as a peltoma, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, a survey report, and an on-site photograph of a traffic accident;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (C);

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 shall not be subject to punishment);

3. Although the defendant was injured by the victim as to whether the sentence was imposed or suspended, the fact that the defendant was recognized and against his own negligence, that the defendant agreed with the victim, that the defendant has no record of criminal punishment exceeding the fine, the age, character, conduct and family relationship of the defendant.

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