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(영문) 광주지방법원 2015.10.22 2015고단2511
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-ro car.

On April 17, 2015, around 08:05, the Defendant stopped the Defendant’s children from the second line of the middle line of the middle line of the middle line of the middle line of the Taesung-gun, Sungsung-gun, Sungsung-gun, in order to get off the Defendant’s children from the middle line of the second line of the middle line of the middle line in the Youngcheon-do, Sungsung-gun, Sungsung-gun.

Since there is a center line of yellow solid lines, there was a duty of care to prevent accidents by driving safely, such as proceeding with the driver, making a U-turn at the place where a U-turn is permitted.

Nevertheless, the defendant neglected this and got the victim to go beyond the road, who was driven by the victim C (the age of 82) who was in the direct direction of the opposite son, from the lebal gate of the lebridge to the lebal gate of the lebal lebal gate, which was driven by the victim C (the age of 82).

After all, the Defendant suffered injury to the victim, such as the cutting of the body flasium, in need of medical treatment for about 12 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended sentence based on the sentencing guidelines: Imprisonment without prison labor for a period from one month to six months (the range of recommending punishment) shall be the mitigated area (one month to six months) (including specially mitigated persons) of the mitigated area (including serious efforts to recover damage).

3. Determination of sentence: Four months of imprisonment without prison labor, one year of suspended execution, and the defendant.

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