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(영문) 광주지방법원 2017.05.25 2016고단5502
교통사고처리특례법위반(치상)
Text

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

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.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On November 22, 2016, the Defendant driven the above cargo vehicle at a speed of 20km per hour by driving it on November 22, 2016, and driving it at a speed of 18:50 meters per hour, toward the two lanes in front of Gwangju Northern-gu C at the boundary of the police station in the gate-dong, the Defendant changed the lanes from the two lanes to the one lane in front of the road at the speed of 20km per hour.

Since there is a long distance crossing where signal lights are installed, a person engaged in driving service has a duty of care to make a change in the traffic situation before and after the driving in a safe manner in accordance with the signals, while driving in a safe manner.

Nevertheless, due to negligent negligence in contravention of the signal, the injured party D(17 tax) who is going to turn to the left from the 31st unit face of the police station in the northwest of the police station in accordance with the Madern No. 100 City/Do 100 City Madon, the front wheels part of the Madon was received as the front part of the cargo vehicle.

Ultimately, the Defendant suffered a victim’s blood transfusion with no open room in the head, which requires approximately six weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The initial and actual survey report on traffic accidents;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the defendant paid a traffic accident by violating signal signals, and that the degree of injury to the victim is not minor, etc. are disadvantageous to the defendant.

However, considering the favorable circumstances, such as the fact that the defendant reflects the crime, the vehicle of the defendant's driving is covered by a comprehensive insurance, the fact that the injured party does not want the punishment of the defendant due to the smooth agreement with the victim, the age, sex, environment of the defendant, etc.

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