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(영문) 광주지방법원 2016.12.08 2016고단2870
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for one year 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 car in Cknife.

On March 30, 2016, the Defendant driving the above vehicle on March 16:23, 2016, and driving a two-lane road of 172 Embrop flap-ro, Gamam, Gwangju Mine-gu, at a speed of about 60km per hour, depending on the speed of 10km from the embbbbbbbs to the ebscopic ebs.

In such cases, a person engaged in driving service has a duty of care to safely drive by accurately manipulating the steering wheel and brakes, etc.

Nevertheless, the defendant neglected this and got the victim D (the age of 82) who illegally crossed a road from the right side of the progress direction to the left side of the defendant's vehicle to go beyond the floor by taking the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the 13 weeks of medical treatment due to occupational negligence, and the dives of the frame and the dives of the frame.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the practical survey report, diagnosis report, and Acts and subordinate statutes governing the scene of traffic accidents;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) 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;

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

1. Scope of recommendation according to the sentencing guidelines: Where there is a substantial negligence on the occurrence of traffic accidents or the expansion of damage to victims, even though the victims are involved, for a person who has a special mitigation area in the mitigated range of traffic accidents in the first category of general traffic accidents not exceeding eight months;

2. Determination of sentence: Determination of sentence of imprisonment without prison labor: In full view of all the conditions of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, background of the crime and circumstances after the crime, etc., for four months, one year of suspended sentence, as shown below.

The degree of injury of the victim is serious.

e.beliable;

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