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(영문) 광주지방법원 2015.06.25 2015고단703
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurd-Wurt Motor Vehicle.

On January 19, 2015, the Defendant driven the above car, and turn to the right after the latter from the new intersection of the Heung-gu of Gwangjubuk-gu to the right after the latter.

Since there is an intersection where a signal, etc. is installed, in such cases, a person engaged in the driving of a motor vehicle has the duty of care to check whether there is another motor vehicle passing through the intersection by reducing the speed and by properly examining the front side, and to safely drive the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left, which was driven by the victim D (hereinafter referred to as 45 years of age) driving from the opposite side of the veterans center to the new intersection on the opposite side by the negligence of failing to make a left turn to the left, and received the front part of the passenger vehicle in front of the left-hand side of the said vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the victim D in light of the light-water damaged for about 14 weeks, and injury to the victim E (the age of 21) who was accompanied by the above A-Wurt-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wurging car, such as an internal inception, which requires approximately 3 weeks of treatment, and injury to the same victim F (the age of 22) in need of approximately 2 weeks

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each traffic accident in G, F, E, and D;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), proviso of Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences by law: One month to five years; and

2. The range of recommending sentencing guidelines: The credit cooperative shall be from four months to ten months (the range of recommending punishment).

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