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(영문) 광주지방법원 2016.11.24 2016고단3642
교통사고처리특례법위반(치상)
Text

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

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On July 30, 2016, the Defendant driven the above vehicle on July 15:10, 2016, and led to the three-lane road in front of the Hannam Station located in 111 in the hands of the Gwangju Mine-gu, along one-lane from the Hannam Busan, to the D Hospital.

At this point, there is a center line of yellow solid lines, so in such a case, a person engaged in driving service has a duty of care to pass along the right side without breaking the center line.

Nevertheless, the Defendant neglected to do so and got the part on the left side of the victim E(the age of 45) driving by the opposite lane from the side of the hospital to the Hanam Mountain Zone due to the negligence of the U.S. residing in the center line, which was driven by the Defendant, as the front part of the right side of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the closure frame of T12, which requires approximately 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the traffic accident occurrence report, diagnosis certificate, and photographic Acts and subordinate statutes;

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

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

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

1. Scope of recommendation according to the sentencing guidelines: Imprisonment without prison labor for not more than eight months and special mitigation area of mitigation area of traffic accidents in general;

2. Determination of sentence: Negligence of the defendant who has injured the central line of yellow solid lines for four months or one year of suspended sentence by imprisonment without prison labor;

The degree of injury of the victim is very serious.

The sentence of imprisonment without prison labor is inevitable in light of such unfavorable circumstances.

However, the following shall be considered as favorable circumstances:

In depth, it is against the first offense.

fully with the victim.

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