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(영문) 광주지방법원 2015.11.26 2015고단4073
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 2, 2015, the Defendant, as a person engaged in driving D Star Cargo, was in front of the above cargo vehicle, and was in front of the victim H (46 years old) who neglected to perform the duty of front-time care due to occupational negligence while driving the said cargo from the lux apartment room to the lux side of G pharmacy, while driving the said cargo from the lux apartment room to the luxane.

The Defendant suffered by negligence on the part of the victim about four weeks of medical treatment, the first bones of the 5th left-hand fingers, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement concerning I and H;

1. Written Statement;

1. The application of the actual condition survey report, each traffic accident evidence and photographs, the ledger of driver's license for motor vehicles, and diagnostic certificates, statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act among concurrent crimes;

1. The range of recommendation according to the sentencing guidelines: Imprisonment with prison labor for not more than six months and a general traffic accident offender who is a special mitigation area: The offense of violating the Road Traffic Act (unlicensed driving) which is subject to the mitigation area shall be treated only as a person under general circumstances (the case falling under the proviso of Article 3 (2) of the Specialized School Act) and shall not be treated as a multiple offense;

2. Determination of sentence: Imprisonment with prison labor for the crime of this case in April, the defendant shall drive without obtaining a license; and

It is not good that the victim suffered injury from the victim, and that the crime is not good.

The degree of injury of the victim is not somewhat weak.

At the time of the instant case, the Defendant seems to have driven under the influence of alcohol.

Until the defendant is detained, I, other than himself, will drive.

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