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(영문) 광주지방법원 2015.01.07 2014고단4236
교통사고처리특례법위반
Text

The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 2, 2014, the Defendant is a person engaging in driving B dump truck. On October 10, 2014, the Defendant driven the said truck and proceeded along the two-lane intersection at the entrance of the elderly health center in the south-gu, Gwangju, along the two-lanes from the Seo-Eup. Since it is an intersection where signal, etc. is installed, the Defendant neglected his duty of care to reduce speed and drive safely pursuant to good faith, and caused the victim C (73 years old) driver's dump to drive the said dump to the direction of the health center for the elderly from the Jin-gu, Gwangju, and caused the victim to take a pressure on both sides of the said truck at approximately 3 weeks for treatment, and caused the victim to take care of the victim's 13 years old eump, e.g., the victim's eump to the front part of the said truck, and the victim's eump 63 years old eump.

Summary of Evidence

1. Defendant's legal statement;

1. Entry in C’s statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to describe a copy of each medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 1 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 (Punishment and Selection of Imprisonment without prison labor prescribed in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E who have rendered a heavier judgment of concurrent concurrent crimes and the choice of sentence) of the Criminal Act for the selection of concurrent crimes and punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations on the sentencing guidelines [the determination of types of recommendations] shall be limited to the range of general traffic accidents (the injury of traffic accidents) (the person in special form) - mitigated factors (the person in special form) - mitigated factors - the case where serious injury of aggravated factors occurs (the person in special form) / [the decision on the recommended area] basic area [the scope of recommendations] 4 months or more.

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