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(영문) 광주지방법원 2017.02.15 2014고단4877
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 a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cone Star Co., Ltd.

On September 4, 2014, at around 06:3, the Defendant: (a) caused the left-hand turn in violation of the signal in the straight line from the direction of the regular high school in light of the right-hand turn in the direction of the route of the G-cheon-gu, Gwangju High School; and (b) caused the front-hand part of the victim D(41) E-ray vehicle driving in front of the Defendant’s driving vehicle, which was straighted from the right-hand turn on the right-hand turn in the direction of the regular high school, to the front side of the Defendant’s driving vehicle.

Defendant 1 suffered injury, such as brain color, left-hand face, etc., which cannot be known to the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Results of commissioning the head of a pre-existing university hospital to appraise medical records;

1. Inquiries into facts to the president of the Jeonnam University Hospital;

1. Investigation report (report on the confirmation of black stuffs and images);

1. A survey report on actual conditions;

1. The signal system map;

1. Each written diagnosis;

1. Application of the statutes governing traffic accident-related photographs;

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

1. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] [the scope of the ordinary traffic accident [the scope of the recommended punishment] shall not exceed eight months;

2. Determination of sentence: Imprisonment with prison labor for not less than eight months (two years of suspended sentence), taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after committing the crime, the sentence shall be determined as ordered.

Unfavorable circumstances: Operation in violation of the signal at the intersection.

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