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(영문) 광주지방법원 2016.01.05 2015고단3720

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the business of operating a b B-brack truck.

On August 8, 2015, the Defendant driven the above cargo vehicle at around 21:35, and led the roads in front of the D store in Gwangju Northern-gu C, along the three-lane distance from the new direction to the police station in the Northwest-gu.

At the time, there was a place where the center line of the yellow-ray was installed at night, so the person engaged in driving service has a duty of care to safely drive the tea.

Nevertheless, the Defendant neglected this and got the front part of the Victim E(22) driving driven by the victim E(22) which was driven in the opposite lane due to the negligence that the center line was intruded in the opposite direction, as well as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as the closure of the mouth, which requires approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes to field photographs, actual survey reports, and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended punishment according to the sentencing guidelines: Persons who are specially mitigated in the area of mitigation of traffic accidents by the type of one traffic accident in the course of imprisonment without prison labor for not more than six months (including efforts to recover damage caused by traffic accidents): Non-permanentity (including efforts to prevent damage);

2. Determination of sentence: The sentence shall be determined as ordered, in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances following the suspension of execution of imprisonment without prison labor for not less than four months, and the following circumstances:

Unfavorable circumstances: The defendant who salved the central line and was negligent.

The degree of injury of the victim is the degree of injury.