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(영문) 광주지방법원 장흥지원 2018.01.11 2017고단200
교통사고처리특례법위반(치상)
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 CPoter 1 ton cargo vehicles.

On September 23, 2017, the Defendant driven the above cargo vehicle on a one-lane road in front of the mountain village in Songjin-gun, Cheongdo-do-si, Cheongdo-do-do-si, Cheongdo-do-do-do-do-do-do-do-do-do-do-do-do-do-do-on around 05:30,

At the time, the road is a new wall, and the above road is a one-lane bend road, the center line is a yellow solid line. In such a case, a person engaged in driving service has a duty of care to accurately operate the steering gear, etc. and to safely drive the road in order to prevent accidents by properly observing his/her own lane.

Nevertheless, as a result of the Defendant’s negligence going beyond the median line, the Defendant was driving the upper left-hand side of the EM5 passenger vehicle operated by the victim D(70 tax) who was running in the opposite lane.

Ultimately, the Defendant suffered from the injury to the victim D by the foregoing occupational negligence during approximately 14 weeks of light 4, 7-day cream frame, and the injury to the victim F of the passenger of the said passenger car (n'e, 61 years of age) for approximately 2 weeks of light cream, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the actual survey report and each 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, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with a more serious criminal situation)

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 factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the degree of injury of the victim D due to the instant accident is relatively heavy, the defendant's negligence is not less severe, and the same criminal record is not less unfavorable than twice.

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