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(영문) 광주지방법원 2018.06.21 2018고단1494

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2018, the Defendant driving a Drocketing taxi around 22:20, and proceeded to the private distance of the private library from the front side of the F pharmacy located in Gwangju Northern-gu, to the private distance of the private library, along the two-lanes of the F pharmacy located in Gwangju Northern-gu. On the front side, there was a crosswalk where signal lights were installed, and thus, the Defendant continued to drive the above taxi without violating the duty of due care to safely drive, such as complying with the signal, despite having breached the duty of due care to safely drive, and sustained the victim’s G (5 years), thereby cutting the crosswalk to the front part of the above taxi, and sustained the victim’s injury, such as leaving the right-hand part, which requires approximately seven-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A copy of a medical certificate;

1. On-site photographs of each accident;

1. Application of CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, 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(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Course of Education [Determination of Type] 1 (Special Person Causing Damage by Traffic Accidents) - In cases where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [Determination of the territory of recommendation] basic area [the scope of recommendation] from April to one year [the scope of recommendation] - In cases where an injury occurs among the aggravated factors (determination of sentence] - When the above sentencing factors and the criminal records of the defendant are considered.