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(영문) 광주지방법원 2016.06.23 2016고단730

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

Reasons

Punishment of the crime

On December 19, 2015, the Defendant driving a B taxi around 04:30 on December 19, 2015, and driving the three-lane prior to Gwangju Pyeong-dong, Seo-gu, Gwangju, according to the direction of the Bank of Korea in the direction of the 518 Park.

The speed of restriction on the location was 50 km/h of speed.

Nevertheless, the Defendant proceeded in the opposite part due to occupational negligence, as he neglected to pay attention to the surrounding traffic conditions, at a speed of 85km/h above 20km, and went in the opposite part, and the front part of the DNA high-speed car driven by the victim C driving in the direction of the Bank of Korea was shocked by the front part of the taxi driven by the Defendant.

Defendant 1 suffered from the victim C’s scarke in need of approximately four weeks’ treatment due to the above occupational negligence, and at the same time, Defendant E suffered approximately 32 weeks’ treatment from the victim E who was on a taxi driving by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to traffic accident analysis and appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing of selective imprisonment without prison labor for sentencing;

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

2. Scope of the recommended punishment based on the sentencing guidelines: The sentencing guidelines do not apply to those cases falling under the ordinary concurrent crimes: Provided, That for proper sentencing, the sentencing guidelines shall not apply to cases where: (a) the punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents to Victims E is taken into account as follows; (b) the punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents to Victims E shall be the amount from August to one year and six months: (c) the aggravated area (from August to one year and six months) (in cases of injury to traffic accidents), among the types of general traffic accidents, the aggravated area (

3. Sentence;