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(영문) 광주지방법원 2017.08.24 2017고단2436
교통사고처리특례법위반(치상)
Text

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

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a car at C.

On April 20, 2017, the Defendant driven the above car at around 21:29, and led to the two-lane road in front of the 6th parallel apartment in the west-gun, the west-gun, the west-gun, the west-gun, the west-gun, the west-gun, the west-gun, the west-gun, the office intersection at the ethic post office intersection to the ethic scientific and scientific intersection.

At the time, there are nights and signal lights installed on the front door, so there was a duty of care to prevent accidents in advance by driving safely in accordance with traffic signals to those engaged in driving business.

Nevertheless, the Defendant neglected this and got the victim D (75) who was crossinged from the left side of the said car to the right side at the same speed due to the negligence that continued to proceed at the same speed, even though the cross-road signal has changed from yellow to red, and had the victim go beyond the ground.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as blood transfusion on the left-hand side, which requires medical treatment for about 25 weeks or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident investigation report and an accident scene photograph;

1. A report on internal investigation (in cases of violation of one vehicle traffic signal, etc.);

1. One copy of CCTV video recording CDs;

1. Each medical certificate (33,75 pages of investigation records), a copy of medical records, and the application of each statute;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the category 1 (Bodily Injury resulting from Traffic Accidents) in general traffic accidents, and there occurs an injury among the punishment non-members [the specially mitigated person] in the basic area (from April to one year).

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