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(영문) 광주지방법원 2017.07.13 2017고단1121

교통사고처리특례법위반(치상)

Text

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

On March 4, 2017, the Defendant driven the above car at around 04:30, while driving the car and driving the four-lane road in front of the E store located in Gwangju Seo-gu, Gwangju, along two-lanes from the direction of the reservoir of Incheon where the car was driven at an insular speed.

There are signals and crosswalks installed on the front door, so in such cases, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right and the right and the right and the duty of care to drive safely in accordance with the new code.

Nevertheless, the defendant neglected this and proceeded with the victim F(46) who was walking the above crosswalk from the right-hand side of the defendant's running direction to the left-hand side by his negligence, which led the victim F(46) to the front-hand part of the driver's license of the defendant.

As a result, the Defendant suffered injury to the victim, such as the Defendant’s medical treatment for about three months after the need for medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

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

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, etc. / [Types of Determination] Traffic Accidents in Type 1 (Bodily Injury or Injury by Traffic Accidents): In cases where illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on the Protection, etc. of Traffic Accidents is serious (decision on the area of recommendation): In a basic area / [decision on the area of recommendation] 4-1 year from April to one year [limited to a general sentencing person] - There is no record of subscription to comprehensive automobile insurance, nor criminal punishment - there is serious injury which is not serious one.