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(영문) 광주지방법원 2016.03.10 2015고단4732
교통사고처리특례법위반
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 a first car in B.

On October 14, 2015, the Defendant driven the above car on October 18:37, 2015, and proceeded with the three-lanes of veterans hospitals in front of the veterans' hospital located in the advanced monthly salary of Gwangju Mine-gu, according to the electronic publication section from the high-tech area to the electronic announcement section from the high-tech area.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle while complying with the central line with a yellow solid line, examining whether there is a pedestrian crossing the road, thoroughly seeing the right and the right of the front, preventing accidents, and preventing accidents.

Nevertheless, the defendant, who neglected the above duty of care, entered the road to the opposite part of the road by neglecting the central line by neglecting the above duty of care, and received the part of the bridge of the victim C (the 71-year old) crossing the said road as the front part of the defendant's car.

Ultimately, the Defendant caused the victim to suffer from approximately 12 weeks of medical care due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report;

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) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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 guidelines: From one month to six months (the scope of the recommended punishment) of imprisonment without prison labor, the mitigation area (one month to six months) of the mitigated area (including special mitigation persons) of the mitigated area;

3. Determination of sentence: A decision of sentence of imprisonment without prison labor for four months or one year under a suspended sentence shall be severe as a result of traffic accidents committed by the defendant with a central line, which is to the extent that the victim is required to receive transplant;

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