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(영문) 광주지방법원 목포지원 2014.09.04 2014고단1006
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years 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 vehicle B, C, and C.

On May 12, 2014, the Defendant driven the above cargo vehicles around 16:30 on May 12, 2014, and led to the intersection of the distance front of the luminous village in the Yanean-gun, Yan-gun, Yannam-gun, to proceed with the intersection of the distance in front of the luminous village in the e

At the time of the defendant's frontline, the victim C(55 years old) driver's car is driving, and there was a three-lane distance without a cross-section signal. In such a case, a person engaged in driving a motor vehicle is not driving the motor vehicle at the intersection, and there was a duty of care to safely check the movement of the motor vehicle driving on the frontline.

Nevertheless, the Defendant neglected this and led to the left-hand side of the victim cargo vehicle beyond the center of the road at the intersection, by negligence, which led to the left-hand side of the victim cargo vehicle beyond the center of the road. The driver’s seat of the victim cargo vehicle, which was left-hand left-hand from the chill distance to the luminous village, was shocked by the front part of the Defendant cargo vehicle

As a result, the Defendant suffered injury to the victim due to occupational negligence, such as psychotropic damage, which requires medical treatment for about 14 weeks.

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 accident site photograph;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (4) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act;

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. Although the victim suffered serious injury as to the decision of sentence or suspension of execution, the defendant has suffered serious injury.

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