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(영문) 광주지방법원 2014.09.17 2014고단2416

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for 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 B car.

On May 10, 2014, the Defendant driving the said car at around 22:20, and making the turn to the left at a speed of about 30 km at the speed of about 30 km at the beginning, while driving the four-lane road in front of the Gyeong-dong Kim Heavy Center Station Station in Gwangju, Seo-gu along the one-lane road from the e-mail via the e-mail-intersections.g., the Defendant was driving the said car at the speed of about 30 km.

At the time, there is a night and a place where a center line is installed, so the person engaged in the automobile driving duty has a duty of care to protect the vehicle line and operate the vehicle safely without breaking the center line.

Nevertheless, the Defendant neglected this and got the victim to go beyond the floor by taking the bicycle front portion driven by the victim C (the age of 22) who was driving at a four-lane opposite to the right side of the said vehicle, which was driven by the victim C (the age of 22).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence by the victim, such as the left-hand pelle managing member who requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

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

1. Article 3 (1) and 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. Selection of alternative imprisonment without prison labor;

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

1. The scope of recommendations on the sentencing guidelines for the crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures is the aggravated area of imprisonment without prison labor between 8 and 1 year (the case where illegality in the proviso of Article 3 (2) of the Private School Act is heavy).

The accident of this case is shocking the victim who was frighting to the central line on the road with a four-lane center line and was driving a bicycle.