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(영문) 광주지방법원 2017.01.12 2016고단4237
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 a math car.

On May 29, 2016, the Defendant driven the above car at around 16:30 on May 29, 2016, and proceeded at a speed of about 58.1km to a speed of 61.9km from the front side of the Southern-gun C, the front side of the Southern-gun, the front side of which is about a speed of about 58.1km to the front side of the front side of the fences.

At the same time, the speed limit is 30km per hour, and the speed is set up immediately before the accident location, and on the right side of the road, there were children, victims, etc. living on the right side of the road, and thus, there was a duty of care to safely drive the brakes and steering gear by checking whether a person engaged in driving a motor vehicle complies with the speed limit and reducing speed, and by accurately operating the brakes and steering gear.

Nevertheless, the Defendant neglected his/her duty to reduce the speed and instead proceeded with the speed exceeding approximately 28.1km to 31.9km per hour, and caused the victim D (6 ) who crosses the road to the left side from the right-hand side of the Defendant’s course to the left-hand side, etc., to go beyond the floor, by taking the face of the victim D (6 ) who crosses the road from the right-hand side of the said car.

Ultimately, the Defendant suffered injury to the victim D, such as an open standing room, the complete escape of the baby, and the sacrifeing of the sacrat, etc., which requires approximately four weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Sending a traffic accident analysis report;

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

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

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

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

2. The scope of recommended punishment according to the sentencing criteria: The credit cooperative shall be four months to one year (the scope of recommended punishment).

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