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(영문) 광주지방법원 2016.06.30 2016고단994
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a BP car.

On March 5, 2016, around 20:30, the Defendant turned to the opposite line while driving ahead of it at a distance that cannot be known from the Gan apartment room to the Gan apartment room at a speed that is located in the 43-ro of the Ban-gun, the Ban-gun, the Ban-gun, the Bannam-gun, the Bannam-gun, the Bannam-gun, the Bannam-do,

At this point, there was a center line of yellow solid lines, so a person engaged in driving service has a duty of care to turn back at the point of permission for turn or U.S.ton.

Nevertheless, the Defendant neglected this and did not discover the victim C (17 SCOTRT-110 wheeled vehicle of the victim C (T, South) driving in the direction of the large apartment at the boundary of the Madlese Hospital due to the negligence of the left-hand turn with the center line, and did not change the part of the left-hand side of the Defendant’s vehicle into the front right-hand side of the vehicle, and caused the victim to go beyond the lane along with the two wheeled vehicle.

As a result, the Defendant suffered injury to the victim, such as knenee, knee bones, openness, etc., which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting of a traffic accident (1) (2);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 2 and Article 22 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

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

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: The basic area (from April to October) of the type of general traffic accident (the scope of the recommended punishment) shall not be between four months to ten months (the scope of the recommended punishment) of the credit cooperative.

3. The arguments in this case are presented in major normal relations that are considered below the sentence of sentence, such as the age, sex, environment, health conditions, circumstances after the crime, etc.

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