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(영문) 광주지방법원 순천지원 2016.02.16 2015고단1323
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 BM5 car.

On May 11, 2015, the Defendant driven the above car at around 04:52, and proceeded along three lanes at a speed of about 50 km/h from the direction of the re-distance along which the front road is located in C at the time of leisure and the front road at the speed of about 50 km in the direction of the Western-dong.

In such cases, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle is a person to walk well and to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded with the front, and did not discover the victim E (M, 38 years of age) who was unclaimed in front of the direction of the Defendant’s vehicle operation before the Defendant’s vehicle operation, and was placed on the front part of the Defendant’s vehicle on the front part of the victim’s bridge.

Ultimately, the Defendant suffered injury to the victim, such as the 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. Application of the occurrence report on a traffic accident, drug map on the scene of a traffic accident, and statutes governing the scene of a traffic accident

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] In the case where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage to the victim (a person subject to special mitigation) in the mitigated area (i.e., January to June) (i., a person subject to special mitigation) (i.e., a person subject to suspended sentence] for four months of imprisonment without prison labor, although the result of the suspended sentence is more severe than the fault of the defendant in the event of an accident, the victim is more responsible for the damage.

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