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(영문) 광주지방법원 목포지원 2016.01.25 2015고단1193
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 B car.

On August 3, 2015, the Defendant driven the above car at around 16:00, and led to the intersection of the wooden science belt located in the Simpo City of Simpo City to the Korean Hospital from the 3th square.

Since there is a signal apparatus installed, there was a duty of care to prevent accidents in advance by driving safely according to the name of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and received the part of the victim C(53) driving the left-hand turn from the opposite direction of the Defendant’s vehicle due to the negligence of entering the above intersection of yellow knife, and the front part of the victim C(53) driving at the right right direction of the Defendant’s vehicle as the front part of the car driving.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim C, such as brain salvine, which requires approximately three weeks of medical treatment, injury to the victim E (n.e., 23 years of age) who was accompanied by the said knife car, such injury as light salva, which requires approximately eight weeks of medical treatment, and injury to the victim FF (n.e., 24 years of age) who was accompanied by the said knife car, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual survey report and related photographs;

1. Application of Acts and subordinate statutes of subparagraph (C), written diagnosis (E), and written diagnosis (F);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. The sentencing of Article 62-2 of the Criminal Act is a case where it is difficult to apply the sentencing criteria as it is due to the ordinary concurrent crimes.

Although the injury suffered by the victim E is not minor, the defendant recognizes his fault and reflects his fault, and the victim C.

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