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(영문) 광주지방법원 2018.02.27 2017고단5678
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On November 4, 2017, the Defendant driven the above taxi at a speed of about 64 km from the direction of the Science Technology Institute to the high-tech department of Gwangju Mine, 104 ambling elementary schools at a speed of about 64 km from the direction of the Science Technology Institute.

At this point, the restricted speed to children protection zones is 30 km per hour, so a person engaged in driving motor vehicles has a duty of care to comply with the restricted speed and to prevent accidents by safely driving the motor vehicle.

Nevertheless, while driving at a speed exceeding 34 km a speed of 34 km, the Defendant did not keep the front on the wind using Handphones properly, and the Defendant shocked the victim C(74)'s bicycle driving in the direction from the third lane to the first lane.

As a result, the Defendant suffered from the above occupational negligence the victim's injury on the left side of the 12 weeks of medical treatment, the aggregate of the non-standing executives, the left side of the 6 chest aggregate.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 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. Protection and observation, community service order, Article 62-2 of the Criminal Act, reason for sentencing under Article 59 of the Act on the Protection, Observation, etc. of Order to Attend [the type of determination] - Type 1 (Bodily Injury or Injury by Traffic Accidents) of the General Traffic Accidents: The mitigated area of punishment [the scope of recommendation] mitigated [the scope of recommendation] from January to August / [the scope of recommendation] mitigated area / 8 months [the general person subject to sentencing] - Comprehensive Automobile Insurance Subscription - In case of serious injury not being injured among the aggravated factors: (a) and other factors.

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