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(영문) 광주지방법원 2015.10.22 2015고단3480
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 one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the vehicle B on the Arade Liber.

On July 15:20, 2015, the Defendant: (a) took part in front of the Defendant’s vehicle and suffered approximately 12 weeks of the need to provide approximately 12 weeks of treatment to the victim, by occupational negligence, who was walking along the walking signal on the front side at the front side of the front side of the front side of the front side of the front side of the front side of the Dong-gu, Gwangju Metropolitan City, while bypassing three-lanes from the front side of the front side of the front side of the front side of the front side of the front side of the front side of the front side of the front side of the front side of the front side of the front side of the front side in accordance with three-lanes.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, 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 sentence based on the sentencing guidelines: Imprisonment without prison labor for a period from one month to six months (the range of recommending punishment) shall be the mitigated area (one month to six months) (including specially mitigated persons) of the mitigated area (including serious efforts to recover damage).

3. Determination of sentence: A sentence of imprisonment without prison labor for four months, and a suspended sentence for one year is that the defendant injured the pedestrian who has dried the crosswalk according to the pedestrian signal, and the negligence is severe, and that the result of the injured person's serious injury has occurred is disadvantageous.

On the other hand, there are favorable circumstances such as the fact that the defendant does not want the punishment of the defendant, that the vehicle of the defendant can be substantially recovered from damage caused by the comprehensive vehicle insurance, and that the defendant is not subject to any criminal punishment prior to this time.

The age, character, character and environment of the defendant in this normal relation;

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