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(영문) 광주지방법원 2018.10.11 2018고단3234
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of 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 freight B.

On June 13, 2018, the Defendant driven the above cargo vehicle around 11:25, and became to turn to the left at the right from the north of the front underground roadway due to the intersection of the Jinsung-gun, Seongbuk-gu, Sungsung-gu, Sung-dong, Sung-do.

At that time, there is a center line of yellow solid lines, so in such cases, the driver had a duty of care to thoroughly operate the front line and safely drive the car line.

Nevertheless, the defendant neglected this and found the victim D(84) who was walking the victim C(2) on the opposite math line by neglecting it to turn to the left, and was faced with the victim D(84) who was walking the math by pushing the victim C(2) on the math line. However, the victim D was faced with the front of the defendant's cargo vehicle and the victim D's bridge that was going beyond the floor.

As a result, the Defendant suffered injury to the victim D due to the above occupational negligence during approximately eight weeks of treatment, such as cutting to the right-hand side and cutting to the left-hand alley, etc., and suffered injury due to the victim C’s non-permanent failure of treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A report on investigation (in cases of failure to attach a medical certificate to the C), an investigation report (a report on confirmation of the current state of victim D);

1. A medical certificate;

1. Application of Acts and subordinate statutes on the screen of on-site photographs, black booms and caps;

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 Competition;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the instant traffic accident, for which the sentencing of Article 62(1) of the suspended sentence is based, the victim D suffered bodily injury, such as cutting one bridge. The result was significant, and the instant traffic accident was caused by the central crime, and the degree of negligence of the Defendant is also the same.

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