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(영문) 전주지방법원 2016.06.07 2016고단126
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 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 math car.

On January 11, 2016, the Defendant driven the above car at around 04:30, and proceeded to turn to the left at a speed of about 20 km from the direction of the peace box to the distance of peace, the three-lanes in front of the D building located in Yasan-gu Seoul Special Metropolitan City, Jeonju-si.

At night, the location of the vehicle is a three-distance where signal is installed, so there was a duty of care to reduce the speed and drive the vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected to make a left-hand turn in violation of the stop signal, and got the victim E (80) who was driving on the right side of the bicycle driven by the victim E (80) who was driving on the right side of the peaceful apartment site from the right side of the peace shooting distance to the right side of the said bicycle, and caused the victim to suffer injury, such as the mouth of knee bones, etc. of the right-hand knee, for about eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report, on-site inspection report, and on-site photographs;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act to attend a lecture [the scope of the recommended sentence] General traffic accident: (a) the mitigated area (one to six months) [1 months] of the mitigated area (a person who is specially mitigated] [a person who is not subject to punishment] and the compared scope of sentence with recommended sentences: January to six months [a sentence] of the year: (b) when a serious injury, other than a serious injury, has occurred (a type) and other circumstances favorable to the defendant (a violation of signal) falling under the proviso of Article 3(2) of the Act on Special Cases concerning the School: The above special mitigated person; and (b) the above special mitigated person.

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