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(영문) 광주지방법원 2015.09.17 2015고단1579
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 engaged in the operation of the E-Wurt Motor Vehicle.

On April 14, 2015, the Defendant driven the said car on April 14, 2015, and directed the five-lane road in front of the “G” located in Gwangju Northern-gu F, along four-lanes from the dullal side to the grostal side.

In such cases, the driver of a motor vehicle has a duty of care to live well on the front side and the left side and to accurately operate the steering and brake system and to safely proceed with it.

Nevertheless, the Defendant neglected to do so and went into operation on the left side of the Defendant’s driving direction, which led to the Defendant’s failure to take part in the part before the right side of the Defendant’s passenger car in front of the Defendant’s driver’s car, and the part of the victim’s J(W, 35 years old) where the Defendant’s passenger car continued to be invaded by India, which led to the Defendant’s driver’s driver’s driver’s car in front of the Defendant’s driving right side.

Ultimately, the Defendant suffered injury to the victimJ, such as light-flaver pulization of 14 weeks on the left-hand side in need of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. The actual condition survey report;

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

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, 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, or one year of suspended sentence shall be sentenced to a disadvantage that the defendant has inflicted serious injury on the victim as he/she has invadedd a report, or shall be agreed with the victim;

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