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(영문) 광주지방법원 순천지원 2016.06.29 2016고단444
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 a period of two years 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 a motor vehicle B and C.

On January 29, 2016, the Defendant driven the above cargo vehicle at a speed of 20:00, and led the crosswalk to the intersection of container private distance in lightyang-si, in which light-si, the Defendant driven the crosswalk from the side of the gold apartment to the non-light speed of the three-lane.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the defendant neglected this and caused the victim C (54 ) to be fright-hand side of the progress direction by the negligence proceeding with the stop signals, where he gets a bicycle on the left-hand side according to the new code, and the victim C (54) was shocked.

As a result, the Defendant suffered injury to the victim, such as the pressure pressure of 12 weeks in need of approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [typed Decision] The elements for mitigation of traffic accidents are [Determination in the sphere of recommendation] mitigated [the scope of recommendation] mitigated [the scope of punishment] January-8]. [The elements for mitigation of motor vehicle comprehensive insurance and there is no record of criminal punishment [the determination of sentence] confessions and reflects by the defendant], the fact that there is no record of crime, and other favorable circumstances, such as the defendant's age, sexual conduct, and circumstances after the crime.

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