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(영문) 광주지방법원 2016.03.17 2015고단4868

교통사고처리특례법위반

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of K5 si.

On November 18, 2015, around 17:05, the Defendant sent a U-turn to the police station of the Gwangju Northern District, on the front side of the "D Mart" located in Gwangju Northern-gu C.

At the same time, a crosswalk without signal apparatus was installed on the front door, so it was necessary to confirm whether a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to see well the right and the right of the road, and to not make an illegal internship.

Nevertheless, the Defendant, by his negligence without well examining the front side and the left side, took the front side of the bridge of the victim E (Woo 74 years old), which was dried on the right side from the left side of the crosswalk, into the front part of the above taxi, and had the victim go beyond the road.

Ultimately, the Defendant suffered injury to the victim, such as leaving the right frame, which requires approximately 14 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. Scope of the recommended punishment according to the sentencing guidelines: From one month to six months (the scope of the recommended punishment) of imprisonment without prison labor, the mitigation area (one month to six months) of the mitigated area (including special mitigation persons) of the mitigated area;

3. Decision of sentence: The negligence of the defendant at the time of imprisonment without prison labor for six months, suspension of execution two years, community service, 80 hours, 40 hours required to attend a course, the injury suffered to the extent that the injured person still suffers serious disability, and the defendant commits the same offense as the police officer in 197.