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(영문) 광주지방법원 2016.06.30 2016고단992
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was engaged in driving beta vehicles B.

On December 9, 2014, the Defendant driven the upper vehicle at around 07:50 on December 9, 2014, and proceeded at a speed that would not be known from the direction of Gwangju Dong-gu.

At the time, there was a red signal at the front of the vehicle, so that there was a duty of care to safely drive the vehicle and prevent the accident in advance by driving the vehicle in accordance with the traffic signals.

Nevertheless, the Defendant, even though he did not enter the intersection where the front line of the traffic on the front side is red, is in violation of such signal, and without permission, proceeds from the right side of the Defendant’s vehicle without permission in the direction of the shooting distance. From the right side of the Defendant’s vehicle, the victim C (25 years old, South) driving of the victim C, who was straighted in the direction of the East Fire Station in the direction of the East Fire Station, conflicts with the front line of the Defendant’s vehicle operation.

As a result, the defendant suffered injury, such as representative satisfe, which is one of six weeks' right slots in need of treatment, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

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) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 2, 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 applicable sentences by law: One month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: The basic area (from April to October) of the type of general traffic accident (the scope of the recommended punishment) shall not be between four months to ten months (the scope of the recommended punishment) of the credit cooperative.

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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