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(영문) 광주지방법원 2017.02.09 2016고단4036

교통사고처리특례법위반(치상)

Text

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

except that the execution of the above sentence shall be suspended for 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 a C carren car.

On May 2, 2016, at around 17:05, the Defendant, at around 17:05, proceeded three lanes prior to the entrance of the winding water market in the direction of the Naju City, from the rocking plane to the 1-lane Myeon of Gwangju. On May 2, 2016, the Defendant turned to the opposite line.

At that time, there is a place where the center line of the beam lines is installed, and the internship is prohibited, so there was a duty of care to not make an internship to a person engaged in driving service.

Nevertheless, the Defendant neglected this and was able to drive the victim D(43)(S) which is normally driven on the opposite opposite lane due to the negligence of the U.S. line, and received the front part of the U.S. car driving by the Defendant more than the fences above the right side of the said car.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as blood transfusion, etc. under the part of the trauma in need of approximately six weeks medical treatment.

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. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 2 and Article 22 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: The basic area (from April to one year) of the type of general traffic accident (the scope of the recommended punishment) shall be four months to one year (the scope of the recommended punishment) of the imprisonment without prison labor.

3. The sentence shall be determined as ordered in light of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., in the major normal relationship to be considered below the sentence.

Normal relationship: The defendant's negligence is serious, and the victim's injury is serious.

The victim reverses the agreement with the defendant.