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(영문) 광주지방법원 2016.01.21 2015고단4231
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 is a person who is engaged in driving of K5 si.

On September 29, 2015, the Defendant driven the upper taxi at around 17:40, and driven the front distance of the ‘D' convenience store in Gwangju North-gu C, Gwangju, along the two-lanes from the north-gu office of Gwangju to the horse-based market.

At this point, there was a crosswalk where no signal apparatus was installed, so there was a duty of care to check whether there was a person engaged in driving of a motor vehicle to reduce the speed and to check well the front door, and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded without reducing speed, caused the victim to go beyond the ground by taking the body part of the victim E (V, 60 years old), which was dried on the right side from the left side of the crosswalk, into the front part of the above taxi.

Ultimately, the Defendant suffered injury to the victim, such as a flag, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A survey report on actual conditions;

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

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 and Article 268 of the Criminal Act 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 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: 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. Determination of sentence: The sentence of imprisonment without prison labor for six months, suspension of execution for two years, community service, 80 hours, and 40 hours of an order to attend a crosswalk is serious, and the fact that the defendant's negligence is serious, and the victim is a victim;

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