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(영문) 광주지방법원 2016.06.30 2016고단924
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 of CM5 taxis.

On February 28, 2016, the Defendant driven the above taxi at around 03:40, and got the U.S.-type two-lane roads in front of the head office of the Gwangju Bank, which is located in the 225-ro of Gwangju Dong-gu, in the direction of Hanmi shopping, and proceeded along the two-lanes in the direction of Hanmi-gu square, the Defendant got the U.S., at a speed of about 10km/h of speed.

At the time, it was a road where the center line of the yellow-ray was installed at night. Therefore, the driver of the motor vehicle had a duty of care to thoroughly drive the motor vehicle while maintaining the front line and prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and proceeded with the center line as it is, and caused the victim to go beyond the ground by taking the bicycle front parts of the victim D (67 tax) driving by a bypassing the direction of the Defendant’s running in the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the upper body of the upper body in need of approximately 12 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on actual conditions;

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;

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

2. Scope of the recommended punishment according to the sentencing guidelines: From one month to six months (the scope of the recommended punishment) of imprisonment without prison labor, the mitigation area (one month to six months) of the mitigated area (including special mitigation persons) of the mitigated area;

3. The ages, characters, and conditions of the defendant in major normal relations that are considered below the sentence to be pronounced.

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