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(영문) 의정부지방법원 2016.10.13 2016고단1746
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 a C Poter cargo vehicle.

On December 2, 2015, the Defendant driven the above cargo vehicle on December 11:10, 2015, and got to turn to the left at the left while driving ahead of the new bank, located at the 56-6-6 Man-do, Man-do, Chungcheongnam-do, Chungcheongnam-do.

A driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the situation of the front-way and the friendly traffic, operating the steering system accurately, etc.

Nevertheless, if the defendant neglected to do so and neglected to do so, he did not discover the victim E (the age of 55) and received the cargo lanes of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as blood transfusion, due to the above occupational negligence, during approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Selection of alternative imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act unfavorable to the defendant: The fact that the victim suffered serious injury due to the instant traffic accident, the circumstances favorable to the defendant who was punished for the same kind of crime: The defendant repents and reflects the defendant's mistake, the defendant bears part of the medical expenses, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments, such as the circumstances after the crime, shall be determined as the order.

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