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(영문) 광주지방법원 2016.04.28 2016고단78
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 the operation of a bus fishing under this Section B.

On November 17, 2015, the Defendant made a turn to the left at a speed of about 30km/h/h of speed towards the department department at a distance of 298 from the west-gu, Gwangju, the front distance of the security center located in 298 as the west-gu, Gwangju.

Since there is an intersection where signal lights are installed, a person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles according to good faith.

Nevertheless, the Defendant neglected this and neglected to turn to the left, due to the negligence of violating the signal that was left-hand turn, received the victim C(41 tax) who gets left-hand from the middle-hand distance on the side of the department store, with the right-hand part of the vehicle in front of the bus.

As a result, the Defendant suffered damages to the victim by negligence in the above business, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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;

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 sentence shall be determined as ordered in light of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., in the major normal relationship to be considered below the sentence.

(b)bed;

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