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(영문) 광주지방법원 2016.08.11 2016고단1850
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for five 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

The defendant is a person who is engaged in driving a cuss car in B.

On March 27, 2016, around 21:10, the Defendant proceeded along a two-lane road in front of the D Hospital in Gwangju Mine-gu, according to one-lane from the southwest side to the New Chang-dong along the two-lane.

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 received the front part of the Defendant’s car driving FCA1105 Obaba, which was ma in the opposite direction due to the negligence of the central line, from the center line, as the front part of the Defendant’s car on the right side.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury of the victim E, such as a pelle officer in the field where approximately 12 weeks of medical treatment is required, and the victim G (V, 17 years of age) who took part in the victim E’s Oral part, with approximately 3 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and H;

1. Application of the traffic accident report, each diagnosis certificate, and the statutes governing the field evidence and photographs of the traffic accident;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., as well as all of the sentencing conditions indicated in the pleadings of the instant case, the sentence shall be determined as ordered (the sentencing criteria are not applicable to ordinary concurrent crimes). Unfavorable circumstances: the Defendant’s negligence at fault who committed the center line of yellow de facto lines is large.

E. Victim E.

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