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(영문) 광주지방법원 2016.08.25 2016고단1149
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On December 26, 2015, the Defendant driven the above car on the 18:36th day of December, 2015, and proceeded with the three-lane road in the front of the E-do in Gwangju Northern-gu D, according to one-lane from the non-light library to the same Gwangju Home Plux.

At this point, there was a duty of care to prevent accidents in advance by keeping the front left right and signal well while keeping the center line to a person engaged in driving a motor vehicle while driving a motor vehicle.

Nevertheless, the Defendant neglected this and got the front part of the Victim F (25 years old) driving by the victim F (25 years old), which was going on a one-lane opposite to the Marshion by negligence while driving a central line, as the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand majority of the executives who need approximately 14 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A traffic accident report;

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 2 and Article 22 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and 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 on orders to provide community service and attend lectures;

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

2. Scope of the recommended punishment according to the sentencing guidelines: From January to June of the credit cooperative (the scope of the recommended punishment) in the mitigated area (one to six months) of the type of general traffic accident (the person subject to special mitigation) (including efforts made to recover damage).

3. The age, sex, environment of the accused in the principal normal relations that are considered below the sentence:

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