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(영문) 광주지방법원 목포지원 2013.09.27 2013고단1201
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Mati Freight Vehicles B.

On July 9, 2013, the Defendant driven the above vehicle at around 16:10, and led to the progress of the road in front of the three-lane distance from the boundary line to the boundary of the Eup/Myeon in front of the boundary line.

At this point, there is a center line of yellow solid lines, and there is another vehicle in the opposite line, so in such a case, a person engaged in driving service has a duty of care to look well at the front line and to safely operate the vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the front portion of the Mati Vehicle as the front part of the Mati Vehicle, while driving the victim C(57 years old) driving in the opposite line due to the negligence of breaking the central line.

The Defendant, by such occupational negligence, inflicted injury on the victim C, such as catum salt in need of approximately three weeks of medical treatment, and inflicted injury on the victim E (the victim E (the victim 30 years of age) who is the passenger of the above wing vehicle, such as datum datum datum datum datum datum datume and datum datum datume, etc., which requires approximately seven weeks of medical treatment, and caused the victim F (the victim f (the victim 18 years of age) who is the passenger of the above ma

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. E statements;

1. The actual condition survey report;

1. Each written diagnosis of C, E, and F;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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

1. Selection of a sentence of alternative imprisonment without prison labor ( Considerations, such as the fact that the degree of negligence of the accused is serious due to an accident against the central line, that many victims, and that the degree of injury in the case of victims E is not minor);

1. The suspended execution is against Article 62(1) of the Criminal Code, victim E, F.

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