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(영문) 전주지방법원 군산지원 2016.10.12 2016고단476
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 one ton cargo vehicle C in sealed loan.

On November 19, 2015, the Defendant driven the above cargo vehicle at around 07:10, and proceeded two lanes prior to the New Heungdong-dong, Seoul Special Metropolitan City, Jeollabuk-do, Jeollabuk-do, with two-lanes from the ELmchemp to the non-original distance.

In such cases, a driver of a motor vehicle has a duty of care to live well in front and rear left and drive the steering gear accurately and to prevent accidents by safely operating the steering gear.

Nevertheless, the defendant neglected to do so and caused the victim to go beyond the road by shocking the back part of the electric wheelchairs, in which the victim D (n, 70 years of age) was boarding or standing the electric wheelchairs at the front direction of the defendant's proceeding due to negligence that neglected to do so, and caused the victim to go beyond the road.

As a result, the Defendant suffered injury to the victim, such as an influence of the left-hand body of 10 weeks of medical treatment, due to such occupational negligence, such as an influence of the left-hand body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report and photographs;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] is the basic area (of April to one year) of the first type of traffic accident (the decision of sentence) [the victim] (the decision of sentence of traffic accident], and the victim did not agree with the victim. However, the victim's driving of the electric wheelchairs on the road was partly caused by the occurrence of the instant accident, the defendant's deposit of KRW 5 million, the primary offender's deposit, the defendant's age, character, conduct and environment, etc.

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