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(영문) 광주지방법원 순천지원 2016.07.13 2016고단264
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 a B-learning car.

On 26. 201. 26. 21:3 on 201. 26. 201, the Defendant came to turn to the right from the front of the yellow road to the front of the yellow road.

At the same time, the driver of the vehicle has a duty of care to drive the vehicle in accordance with the traffic signal while driving the vehicle in a manner consistent with the direction and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the system of operation.

Nevertheless, the Defendant, despite the fact that the Defendant is going to turn to the left in violation of the signal at both directions, received the victim E (31) who was driven by him in accordance with the new code before the bend, from the victim E (31) who was driven by him, and caused the victim to fall off on the road surface.

As a result, the Defendant suffered approximately fourteen weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A medical certificate;

1. A traffic accident report (1, 2) and evidence and photographs of the scene of the traffic accident;

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

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

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 [Type Decision] - In the case of Class 1 (Bodily Injury resulting from Traffic Accidents): In the case of traffic accident: In the case of not imposing punishment - in the case of aggravation elements: In the case of heavy illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act, the basic area [decision on the recommended area] [decision on the recommended area] from April to one year [decision on the sentenced area] from April to one year [decision on the sentenced area], there is no criminal history, there is no agreement with the victim, and other favorable circumstances, such as a smooth agreement with the victim.

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