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(영문) 광주지방법원 2017.01.19 2016고단3993
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

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

3.

Reasons

Punishment of the crime

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

On August 19, 2016, the Defendant driven the above vehicle on August 19, 2016, while driving the vehicle at around 04:55, and driving the four-lane road in front of the oriental medical hospital located in Gwangju Seo-gu, Gwangju, along a single-lane distance from the right angle distance to the free angle.

At this point, there is a center line of yellow solid lines, so in such a case, a person engaged in driving service has a duty of care to pass along the right side without breaking the center line.

Nevertheless, the Defendant neglected this and got the victim E (the age of 70) who was crossing the opposite lane due to the negligence of the interning the center line, and received the victim E (the age of 70) as the left side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury, such as abandonment, pulverization, etc., to the right-hand flag, which requires approximately 12 weeks medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the traffic accident report, diagnosis certificate, and on-site photographing statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of a recommended sentence according to the sentencing guidelines: A person subject to special mitigation in the area of special mitigation for traffic accidents falling under the first type of general traffic accidents in the imprisonment without prison labor for not more than eight months: A person subject to special mitigation for the area of special mitigation for traffic accidents shall also be punished in cases where the victim has been negligent due to the occurrence of

2. Determination of sentence: Determination of sentence of imprisonment without prison labor: In full view of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sexual conduct, environment, circumstances after the commission of the crime, etc., for the period of four months, one year after the suspension of execution, as well as the following circumstances:

D. Unfavorable circumstances: Defendant who has invadedd the central line of yellow solid lines.

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