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(영문) 광주지방법원 2019.07.18 2019고단1476

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 17, 2019, the Defendant driven a B low-speed car with the service of around 04:10, and led the D third-lane road located in Gwangju Nam-gu Seoul to proceed along the two-lanes between the front and the south side of the 4-lane.

At the same time, there were three-distance crossings where signal lights are installed, so in such cases, a person engaged in driving service has a duty of care to reduce the speed, to live well on the right and the right, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and sustained bodily injury, such as the victim E (the aged 51) driving part of the F taxi driving seat of the F taxi driven by the Defendant with the left-hand turn signal from the front part of the car driven by the Defendant to the front part of the car driven by the Defendant, which was driven by the victim E (the age of 51) due to the negligence of proceeding in violation of the signal, even though the ongoing direction signal was red, resulting in approximately 12 weeks of treatment for the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Each traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following factors: the criminal records of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the nature and risk of the crime of this case, the background of the crime, the degree of damage to the victim and whether the victim was recovered, the family relationship, health status, and the possibility of recidivism of the crime.