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(영문) 광주지방법원 2016.12.08 2016고단2849
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On April 3, 2016, the defendant driving the above vehicle at around 05:58, and turn to the left the intersection of the shooting distance in front of the agricultural cooperative located in the Gwangju Dong-dong, Gwangju, from the boundary of the intersection of the Nam-gu.

In this case, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely in accordance with the new code.

Nevertheless, the Defendant neglected to turn to the left due to the negligence in violation of the straight-line signal, and received the E-labeled part of the victim D(58 years old) driving, which was straight from the intersection to the intersection of the Southern Mine in accordance with the new signals, from the right-hand part of the Defendant’s vehicle.

Ultimately, the Defendant’s occupational negligence caused the injury to the victim D, which requires approximately 5 weeks of medical treatment, to the victim F (52 years of age) who was on the top of the Belgium car, and the victim F (52 years of age) who was on the top of the Belgium car, to suffer approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The application of traffic accident reports, diagnosis reports, requests for appraisal, internal investigation reports (referring to signal violations, witnesses), investigation reports (referring to submission of victim's DNA diagnosis reports) and Acts and subordinate statutes on the site of traffic accidents;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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. Article 62 (1) of the Criminal Act;

1. For the reasons for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the defendant’s age, character and conduct, environment, circumstances leading to the crime, and all the conditions of sentencing as shown in the pleadings of the instant case, such as the defendant’s age, character and conduct, circumstances after the crime, etc.,

The sentencing criteria are applicable to commercial concurrent crimes.

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