logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.03.10 2015고단4444
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 a Switzerland car.

On September 23, 2015, the Defendant driven the above car at around 06:00, while driving a four-lane road in front of the Gwangju High School, in accordance with the Nam-gu Seoul Nam-gu, Gwangju, Gwangju, the Defendant was driving the internship at a speed that cannot be seen depending on the one-lane intersection from the boundary of the Gwangju University to the parallel intersection.

Since there is a left turn signal, there was a duty of care to prevent accidents in advance by safely exposing at the permissible point when the left turn signal is sent to a person engaged in driving of a motor vehicle by carefully examining the front side and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and moved to the front left-hand part of the victim C (81) who was driving the three-lanes of the opposite road in front of the said car with the victim C(81) who was driving the three-lanes of the opposite road in front of the said car, with the right-hand part of the said car.

After all, the Defendant suffered injury to the victim, such as 4 times of 16 weeks of medical treatment, due to the above occupational negligence.

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) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, 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 on orders to provide community service and attend lectures;

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. Decision of sentence: The sentence of imprisonment without prison labor for four months, suspension of execution one year, community service, 80 hours, 40 hours attending lectures in violation of the signal by the defendant.

arrow