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(영문) 광주지방법원 2016.02.04 2015고단2772
교통사고처리특례법위반
Text

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

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 20, 2015, the Defendant driven a D-car around 08:50, and came to go straight from the direction of black ray to B-A-A-A-A-a-ri-dong, Seoul Mine-gu.

There was a duty of care to drive safely in accordance with the new code, since there was a cross-section where traffic has been controlled by signal apparatus.

Nevertheless, the Defendant neglected this and neglected to turn back the part of the victim E (36 tax)'s front front pentel part of the victim E (36 Doh) driving, which was left from the direction of the water level to the water level, to the front part of the Defendant's vehicle, and the damaged vehicle was returned to the front part of the Defendant's vehicle due to its shock, and led the damaged vehicle to the right part from the direction of the water level.

G Driving had the H Hadon part of the H Hadon's Hadon.

Ultimately, the Defendant suffered injury to the victim, such as brain cages, cage cages, etc., which require approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and E;

1. Application of Acts and subordinate statutes to traffic accident evidence photographs, actual condition investigation reports, signal system maps, and diagnostic certificates;

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 the recommended punishment according to the sentencing criteria: The basic area of the imprisonment without prison labor shall consist of the types of general traffic accidents from April to October;

2. Determination of sentence: The sentence shall be determined as ordered, in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances following the suspension of execution of imprisonment without prison labor for not less than four months, and the following circumstances:

. Unfavorable circumstances: Violation of the signal at the intersection.

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