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(영문) 광주지방법원 2017.07.20 2017고단1202

교통사고처리특례법위반(치상)

Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

Reasons

Punishment of the crime

The Defendant is a taxi driver for business use B.

On October 13, 2016, the Defendant driven the above vehicle at around 06:00, while driving the vehicle at around 06:0, the Defendant continued to drive the 5-distance intersection from 1st to 5-lane from the ethic parallel of Mancheon-gu, Gwangju.

Since its location is at a 60km speed every hour, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and operating the steering gear in compliance with the restricted speed.

Nevertheless, while neglecting this, while driving at a speed exceeding about 45 km per hour, the victim C (n.e., 60 years old) who crosses the intersection from the direction of the defendant's running, finds out the bicycle that is being driven by the victim C (n.e., f0 years old) late, and operated it rapidly, but the part on the right side of the damaged vehicle was not avoided, and the front part of the Defendant's driving vehicle was shocked.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence, i.e., approximately 13 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in C, D, and E;

1. The actual survey report and photographs;

1. Domestic investigation reports (related to the attachment and application of the analysis of traffic accidents by the Road Traffic Authority);

1. Investigation report (related to signals at the time of the accident of the suspected vehicle);

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor or a heavier punishment;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the basic area (four months to one year) (the victim] of the type (the victim of a special mitigation) of traffic accident in the basic area (the victim of a special mitigation) [the victim]] of the victim of the occurrence of the traffic accident or the expansion of damage caused by the traffic accident (the victim of a special aggravation). In the event

2. Following the decision of sentence, the age, sex, environment of the defendant, and the circumstances and circumstances leading to the instant crime.