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(영문) 광주지방법원 2017.02.16 2016고단4978
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence 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 driving of Cone Star Co., Ltd.

On October 16, 2016, the Defendant was located in the west of the Jeju Island and the west of the city, at around 12:50 on October 16, 2016, and turned down two lanes along the same distance intersection to the east of the east of the east of the east of the east of the east of the east of the city at the speed of about 50 kilometers depending on the one-lane of the road.

Since there is a long distance intersection where signal lights are installed, a person engaged in driving service has a duty of care to safely proceed in accordance with the signals by making it possible for the person engaged in driving service to live well on the front side and the left.

Nevertheless, the Defendant neglected this and went to the right side from the left side of the Defendant’s course due to the sudden negligence in contravention of the stop signal, and received the part of the victim D (49 ) driving on the right side from the left side of the Defendant’s course to the right side of the instant EK5 passenger vehicle.

Ultimately, the Defendant suffered, by its occupational negligence, injury to the Victim F (F) who is a passenger of Lone Starsch Rexroth, about six weeks of credit, etc., requiring approximately three-day medical treatment, injury to the victim G (V, 67 years of age), such as chlouds, requiring approximately three-day medical treatment, injury to the victim D, who is a driver of the above K5 passenger vehicle, requiring approximately two-day medical treatment, and injury to the victim H (V(75 years of age) who is the passenger of the above K5 passenger car, including light flouds, requiring approximately three-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Grounds for sentencing under Article 62 (1) 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 criteria: it falls under the ordinary concurrent crimes.

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