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(영문) 광주지방법원 목포지원 2014.07.14 2014고단623
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 Bran XG car.

On April 23, 2014, the Defendant driven the said car on April 23, 2014, and proceeded with the front road of the Shari-si, Shari-si, Shari-si, LGhaari-si, with one-laned bus stop from the four-distance off of the East apartment to the tri-do bus stop.

There are four-lanes where the center line of yellow solid lines is installed, and the passage of vehicles is frequent, so a person engaged in driving duties of motor vehicles has a duty of care to safely proceed along the direction of the center line.

Nevertheless, in order to avoid a dog on the road by neglecting this, the Defendant, by negligence, committed a collision with the central line, followed by a lane in the opposite direction, brought the front part of the victim C(27 years old) driving, who was driving at the top of the line of the victim C(27 years old) who was driving at the top of the line in the direction of the opposite direction, into the front part of the Defendant’s car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim, such as the left-hand spelle, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. A scene of an accident and photograph of an accident vehicle;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, 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: a person not subject to punishment);

3. Although the decision of sentence or suspended sentence is not easy for the injured, the fact that the accused has agreed with the injured party, the vehicle driven by the accused is covered by the comprehensive motor vehicle insurance, the age, character and conduct of the accused, and family environment;

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