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(영문) 광주지방법원 2016.01.14 2015고단3614
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

On July 13, 2015, the Defendant driving a BSS5 car around 15:38, and led to two lanes in front of the Giuri Apartment apartment located in the route in Gwangju Seo-gu, Seo-gu, by driving the BSS5 car, according to the two-lanes of the front side of the Giuri apartment.

Since there is a place where signal lights and crosswalks are installed, there was a duty of care to confirm whether a person engaged in driving service is a person who gets on the way to reduce speed and to check the right and the right and the right and the right and the right are well and to drive safely according to the new code.

Nevertheless, the Defendant neglected to do so and by negligence caused the Defendant to leave the right side of the direction of the Defendant’s running, with pedestrian signals, and received the part of the victim C (the 73-year old age) who dried the crosswalk from the right side of the direction of the Defendant’s running.

Ultimately, the Defendant suffered approximately 12 weeks from the above occupational negligence on the part of the victim, such as a fresh 12-day table, which requires the victim to receive approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, photographs and medical certificates related to accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines: Persons who are specially mitigated in the basic area of traffic accidents from April to October of the credit cooperative: In cases where illegality in the proviso to Article 3 (2) of the Act on Special Cases of the Teaching Staff is serious (in cases where at least two provisos are applicable).

2. Determination of sentence: The sentence shall be imposed as ordered in consideration of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s health status, age, sex, environment, circumstances after the commission of the crime, and the following circumstances for the period of four months of imprisonment without prison labor and two years of suspended execution.

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