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(영문) 광주지방법원 2016.09.22 2016고단1640
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:20 on April 17, 2016, the Defendant, while driving a B Ortob, driving a two-lane in front of Gwangju Seo-gu along the one-lane of the road in the direction of the 518 Park Park, from the direction of the 518 Park, caused the victim D (V, 44 years old) who was standing a crosswalk in accordance with the pedestrian signals due to an occupational negligence in violation of the vehicle stop signal, by shocking the victim D (V, 44 years old) who was standing a crosswalk in front of the above Ortoba, and caused the victim to suffer approximately approximately approximately 16 weeks of closed down the right pelba, the left half of the upper half of the upper half of the aggregate.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

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

1. Relevant Article 3 (1), the proviso to Article 2, Article 2, and Article 268 of the Criminal Act concerning facts constituting an offense, and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence;

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

1. Reasons for sentencing under Article 62-2 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: Cases where the illegality in the basic area (including special mitigation or aggravation) (including a person who has made a serious effort to recover damage) of the type 1 of general traffic accident (in the case of a traffic accident) is serious, or the case of a motor vehicle accident is serious, in the proviso (excluding subparagraph 8) of Article 3 (2) of the Act on the Special Cases of the School, for four months to one year (in the case of a traffic accident), and for one year (in the case of a traffic accident), respectively.

3. The sentence shall be determined as ordered in light of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., in the major normal relationship to be considered below the sentence.

A disadvantageous normal relationship: The defendant's fault is serious because the defendant has shocked the damaged person of the crosswalk in violation of the signal.

Victims suffered significant injuries.

A favorable normal relationship: The defendant does not want the punishment of the defendant in agreement with the victim.

. The defendant-appellant.

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