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(영문) 광주지방법원 2016.03.31 2015고단4407

교통사고처리특례법위반

Text

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

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

On August 25, 2015, the Defendant driven the above car at around 10:05, and had the two-lane roads in front of the D in Gwangju Mine District C go through one-lane from the intersection of mountain to the intersection of non-opon.

At this point, there is a place where the U.S. is not permitted, so in such a case, a person engaged in driving service has a duty of care to move to an area where the U.S. is permitted to make a safe internship after moving to such area.

Nevertheless, the Defendant neglected this and went through the opposite lane by neglecting the central line, and by neglecting it, by neglecting it, received the FOba of the Victim E (61) driving, which was going on the opposite lane, from the right side of the Defendant’s vehicle, and then received even a door.

Ultimately, the Defendant suffered, by such occupational negligence, approximately 4 weeks of injury to victims E, such as cage cages, etc., and injury to the victims G (V, 59 years of age) who participated in the above Orala, including the sleep cages, which require approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. G statements;

1. Application of the Acts and subordinate statutes on traffic accident reporting, each medical certificate, and traffic accident photographs;

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

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

1. Selection of a credit cooperative without prison labor for punishment;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, considering the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., the sentence shall be determined like the order (the sentencing criteria shall not be applied as it constitutes commercial concurrent crimes). Unfavorable circumstances: the center line of yellow solid lines.