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(영문) 광주지방법원 2017.11.21 2017고단3509
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a B-learning car.

On July 24, 2017, the Defendant driven the above car at a speed of about 40 km per hour from the boundary of the new branch of the new branch of the church to the speed of about 20 km from the Korean power construction site located in Taiwan-ro 2, Chungcheongnam-gu, Gwangju.

Since there is a signal, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals, such as reducing speed for the person engaged in driving service and checking the right and the right.

Nevertheless, the Defendant neglected this and caused the damage to the left part of the victim C(34 ) driving, which was going to the central church from the direction of the juvenile training center in Mak-dong, due to the negligence of going to the end in violation of the signal.

As a result, the Defendant suffered approximately seven weeks of medical treatment due to the above occupational negligence, resulting in a loss of the victim’s right-oriented executives who need approximately seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend the lecture [the type of determination] - Class 1 (Bodily Causing Traffic Accidents) of the General Traffic Accidents: Reduction element: [the scope of recommendation] Reduction element / [the scope of recommendation] January to August / [the scope of general sentencing person] Reduction element - Reduction element - Non-life insurance purchase of motor vehicle comprehensive insurance, no history of criminal punishment - Aggravation elements that fall under the proviso of Article 3(2) of the Act on the Protection, etc. of Order to Attend the lecture : Major reasons for suspension - Major reasons for suspension : Non-affirmative of positive punishment and no history of criminal punishment - Reasons for general consideration: negative.

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