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(영문) 광주지방법원 2016.04.28 2016고단88
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a hurd motor vehicle B.

On July 8, 2015, the Defendant: (a) around 23:00 on the 23:00, the Defendant was a lender apartment in the charge of the treatment apartment crossing of the private distance in front of the officetel in Seo-gu, Seo-gu, Gwangju; (b) however, in light of the evidence below, the Defendant appears to

From the side of the Bank of Korea, the left-hand turn to the right-hand turn was proceeded.

Since a crosswalk is installed, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a road to reduce speed and to see well the right and the right of the motor vehicle, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and followed it on the front part of the vehicle, who is a pedestrian crossing crossing of the pedestrian crossing, due to the negligence of proceeding in Ireland, the Defendant received the victim C as the front part of the vehicle.

As a result, the Defendant suffered injury, such as “the act of abandonment,” which requires approximately nine weeks of medical treatment by occupational negligence as above, to the victim, such as “the act of abandonment.”

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

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: 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. The major normal relationship to be considered below the sentence, such as the age, sex, environment, health conditions, the circumstances of the crime and the circumstances after the crime, etc.

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