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(영문) 광주지방법원 순천지원 2016.03.15 2015고단1761
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On July 27, 2015, the Defendant driven the above car at a speed of 21:30, and proceeded at the speed of 20 kilometers a speed of 20 kilometers a speed, depending on the two-lanes between the two-lanes of the Clsan Park in the direction of the Clsan-Eup at the direction of the Clsan-dong.

Since a crosswalk is installed, in such a case, a person engaged in driving service has a duty of care to accurately operate the right and the right and the right and the right and the right and the right and the right and the right and duty of care to safely drive the steering wheel, despite the fact that the Defendant neglected to do so and failed to do so, the Defendant was in the front part of the victim C (n, 19 years of age) and the victim D (n, 19 years of age) with the right and right and right and the right and duty of care to safely drive the steering wheel.

As a result, the Defendant suffered injury to the victim C, such as the upper left-hand fluor, which requires a medical treatment for about two months due to the above occupational negligence, and the injury to the victim D, such as the glusium, which requires approximately two weeks of injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Field map of a traffic accident, and evidence and photographs at the scene of a traffic accident;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to each investigation report (victim C's telephone statement and victim D's telephone statement);

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 Concurrent Crimes (a punishment imposed on a victim C with a heavier penalty)

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

1. While the sentencing criteria are not applicable to each crime on the grounds of sentencing of Article 62(1) of the Criminal Code, each crime on the grounds of sentencing of Article 62(1) of the suspended sentence, it refers to the lower limit.

[Determinations of types] One type of ordinary traffic accidents (traffic accidents).

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