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(영문) 광주지방법원 2016.05.12 2016고단361
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of K5 si.

On December 10, 2015, at around 12:30 on December 12:30, 2015, the Defendant driven the 2-circulating road in the Seo-gu Pung-gu Pung-gu, Gwangju, and proceeded from the intersection of the west to the intersection of the wind.

At that time, the speed of restriction is 90 kilometers per hour, and the surface at the time was milched, so there was a duty of care to reduce the speed to more than 20% and to prevent accidents in advance by driving the vehicle safely.

Nevertheless, the Defendant neglected this and went through the valley section of the above road by negligence proceeding with the above taxi at a speed of 117 kilometers per hour, and turned down the broom, and the Defendant received concrete barriers installed adjacent to the right side of the above taxi and suffered about 12 weeks from the victim C (40 tax) boarding the back seat of the above taxi, etc. requiring approximately 12 weeks medical treatment.

Accordingly, the defendant driving a motor vehicle exceeding a speed of 20 kilometers per hour, thereby causing bodily injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s written statement of traffic accident;

1. The actual investigation report on traffic accidents;

1. Written reply to an appraisal;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 2 and Article 268 of the Criminal Act, 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.The principal normal relationship to be considered below in the decision of sentence.

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