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(영문) 광주지방법원 2017.06.15 2017고단1548
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bbea cruise car.

On March 16, 2017, the Defendant left at a speed lower than that without obtaining a driver’s license for a motor vehicle on March 21, 2017, and turn to the left at a speed, having a one-lane road in front of the D Mart C in Gwangju Northern-gu, from the west elementary school to the west right-hand left.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering area and the right and the right and the right and the right of the driver of a motor vehicle, etc. and by accurately manipulating the steering gear.

Nevertheless, the defendant neglected this and proceeded with the front part of the bicycle driven by the victim E (the 54 years old) who stops while driving the forest in the mountainside by negligence and driving it only, with the front part of the defendant's Vietnam cruise car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, which requires approximately 11 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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

1. Relevant Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment; Article 268 of the Criminal Act; Article 152 Subparag. 1 and 43 of the Road Traffic Act; and the selection of imprisonment for each type of crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant, even before having been punished twice due to driving of alcohol, committed the instant crime by driving without obtaining a license despite his previous conviction, and the Defendant was seriously injured by the victim of the instant case.

(b) favorable terms: the defendant reflects his mistake and agrees with the victim;

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