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(영문) 광주지방법원 2015.07.16 2015고단1150

교통사고처리특례법위반

Text

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

2. Provided, That the execution of the above punishment shall be suspended for 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 duty of driving B rocketing taxi.

On March 28, 2015, the Defendant driven the above taxi on March 21, 2015, and led to turn to the left the intersection of the friendly apartment distance in the Seogyeong-gu, Gwangju to the right from the west of the well apartment complex.

At the time, the signal was installed at night and at the same time, so the driver had a duty of care to live well in the front line and drive safely according to the new code.

Nevertheless, the Defendant neglected to turn to the left due to negligence in violation of the signal and received the front wheels from the victim C (the aged 24) driven by the victim C (the aged 24) who is straight to the right side from the left side of the taxi driving direction with the right side.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which caused approximately 12 weeks of treatment to the left-hand majority of the executives in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the actual survey report, traffic accident scene photographs, signal systems, and diagnostic certificates;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of recommendation according to the sentencing guidelines: Imprisonment without prison labor for not more than six months and special mitigation area of mitigation area of traffic accidents in the first category; and

3. Determination of sentence: The defendant's negligence, who has violated four months of imprisonment without prison labor or two years of suspended execution, is heavy and the degree of injury to the victim is serious;

However, the fact that the victim does not want the punishment of the defendant, the fact that the defendant's driving vehicle is covered by the comprehensive motor vehicle insurance, and the defendant is transferred to another type.