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(영문) 광주지방법원 2014.12.10 2014고단3529
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

On July 31, 2014, the Defendant driven the above car at around 12:45, and led to turn to the left at about 5 km from the side of the KBC Broadcasting Station to the white-sea square.

At the same time, there was a duty of care to make a left-hand turn after checking the right and the left-hand turn to the driver of the vehicle prior to the left-hand turn.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and went beyond the full part of the EDRND DINK125cc 125cc, which the Defendant driven by the victim D with the front penter and glass window of the vehicle driving.

As a result, the Defendant suffered injury to the victim by the above occupational negligence during about 14 weeks from the right to the right side which requires treatment. At the same time, the Defendant damaged the victim’s ozone part to the extent that the repair cost, such as engine, etc. exceeds 3,104,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a D traffic accident;

1. A survey report on actual condition (1,2);

1. A medical certificate (D);

1. Application of the written estimate statutes;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning criminal facts;

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

1. Reasons for sentencing of selective imprisonment without prison labor;

1. Scope of recommendations on the sentencing guidelines: The area of aggravation of punishment for each traffic accident (the injury of a traffic accident) in the first category between August and June;

2. Specific grounds for sentencing - reasonable circumstances: The victim's negligence is also affected in the occurrence of the instant traffic accident, considering that the upper right part of the Defendant's vehicle and the front part of the victim's motorcycle face.

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