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(영문) 광주지방법원 2015.09.24 2015고단858
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 engaging in driving a rocketing car.

On July 22, 2013, the Defendant driven the said car on July 2, 2013, along the two-lanes of the 107.5km from the west-gun, Western-gun, Chungcheongnam-gun, Seoul, along the two-lanes of the 107.5km away from the west-gun.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly operating the steering gear and brakes well, and accurately manipulating the steering gear and brakes.

Nevertheless, the defendant neglected to do so and went beyond the right line by negligence and received the right line in front of the passenger car.

Ultimately, the Defendant suffered from the disability of the brain 5th degree and the right paralysis to the victim C (the age of 28) who was accompanied by the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Copies of diagnosis reports on residual disability and the application of Acts and subordinate statutes as a result of appraisal;

1. Article 3 (1) and Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, 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 recommendations based on the sentencing guidelines: Where the basic area (including specially mitigated persons), penal grounds (including serious efforts to recover damage), and serious injury has occurred (type 1) of types of general traffic accidents in the range of imprisonment without prison labor for not less than four months nor more than ten months (the scope of recommendations).

3. Determination of sentence: Four months of imprisonment without prison labor, and one year of suspended execution that the victim suffered serious injury due to the instant traffic accident is disadvantageous.

On the other hand, the defendant's vehicle is not subject to any criminal punishment before this, and the defendant's vehicle is covered by the comprehensive vehicle insurance and has a significant portion of damage recovery.

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