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(영문) 광주지방법원 순천지원 2015.04.10 2015고단19
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a small-type taxi vehicle in C.

On December 3, 2014, the Defendant driving the above vehicle at around 15:34 on December 3, 2014, and driving along three-lanes in front of the Livestock Cooperative Mine Point located in the Western-dong at the time of influence along three-lanes from the intersection distance to the intersection of the intersection.

To proceed as an opposite lane, the U.S. came to be a U.S.ton.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely making a U.S. internship at the permissible point of practice.

Nevertheless, the Defendant neglected this and got the victim D (the 74 years old) who was crossinging a road without permission while driving the yellow solid line over the center line of the yellow solid line. The Defendant was the front part of the Defendant driving vehicle.

As a result, the Defendant suffered injury, such as Maternal coloning, which requires approximately 12 weeks of treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, and on-site evidence photographs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. One month to five years’ imprisonment without prison labor, the scope of applicable sentences in law; and

2. Reduction element of type 1 (including a serious effort to recover damage) of general traffic accidents in accordance with the sentencing guidelines: Reduction element of punishment (including a serious effort to recover damage): Where a victim is at considerable negligence in the occurrence of a traffic accident or the expansion of damage (a general person). Aggravation factor of comprehensive motor vehicle insurance and criminal punishment that has no record of traffic accidents: Other factors of aggravation that have no record of traffic accident:

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