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(영문) 광주지방법원 2016.07.21 2016고단1641
교통사고처리특례법위반
Text

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

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

3.

Reasons

Punishment of the crime

On April 14, 2016, the Defendant driving a B taxi at around 19:30 on the 19:30s, and driving the three-lane road in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, by moving from the west to the westari-ri-ri, and reported that there was a customer who wants to take a taxi in the opposite part, and caused the victim C (V, 62 years of age) crossing the road at the same place due to the negligence of the middle line of yellow yellow-ray, and caused the victim C (V, 62 years of age) to suffer the injury, such as a chest-lacing streke, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to traffic accident reports, diagnosis certificates, photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 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 on orders to provide community service and attend lectures;

1. Scope of a recommended sentence according to the sentencing guidelines: A person subject to special mitigation in the area of special mitigation for traffic accidents falling under the first type of general traffic accidents in the imprisonment without prison labor for not more than eight months: A person subject to special mitigation for the area of special mitigation for traffic accidents shall also be punished in cases where the victim has committed gross negligence in the occurrence of

2. Determination of sentence: Determination of sentence of imprisonment without prison labor: In full view of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sexual conduct, environment, circumstances after the commission of the crime, etc., for the period of four months, one year after the suspension of execution, as well as the following circumstances:

Unfavorable circumstances: The defendant's negligence, who gets the center line of yellow solid lines, is high.

The degree of injury of the victim is very serious.

The favorable circumstances are against the principle of good faith.

There are considerable responsibility for the occurrence of the instant accident to the victim who illegally crossed the road.

By the unanimous agreement with the victim, the injured person does not want the punishment of the defendant.

Defendant

A driver vehicle is subscribed to a taxi mutual aid.

There is no criminal record heavier than the same criminal record and fine.

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