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(영문) 광주지방법원 2017.03.23 2016고단5229

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 a period of 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 a motor vehicle B.

On October 12, 2016, at around 23:40, the Defendant was going to go straight lines of 8 lanes in front of the southwest-gu in Gwangju, Seo-gu, Seo-gu, about the surface of the terminal from the surface of the shooting distance to the surface of the terminal. In accordance with the two-lanes of the road, the Defendant continued to go straight at the speed of 103.3km along that of the road.

There are places where traffic is controlled by signal apparatus, and the speed limit is 60 km per hour, and thus a person engaged in driving a motor vehicle has a duty of care to safely drive the steering gear and brake system by complying with signal and speed limit and accurately manipulating it.

Nevertheless, the part of the victim C (e.g., the 55 years old)'s back-hand part of the victim C (e.g., the victim's age 5) who moved to the terminal room from the surface of the Korean hospital at the right side of the direction of the defendant due to the failure of the vehicle's moving to the stop signal and the speed of the restriction is over about 43.3 km every hour.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as salt ties and tensions, which requires approximately 2 weeks of treatment, and the victim E (the 65 years old) who is a passenger of math car, for approximately 8 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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, the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service and Order to Attend Military Service, and Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc. are the primary offenders