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(영문) 광주지방법원 순천지원 2017.03.30 2016고단2718

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence 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 engaging in driving a rocketing car.

On October 16, 2016, the Defendant continued to proceed from the 1,000 college to the police station at the 1,000 police station in front of the E coffee shop, which is located in 20:30 p.m. D.

At the time, night and rain, there was a crosswalk where signal lights were not installed in front of the front door, so the person engaged in driving service has a duty of care to check whether there is a person crossing the road by reducing speed and checking the front door well, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected this and followed the part on the right side of the victim F, who was standing on the right side of the crosswalk from the right side of the proceeding direction by negligence, into the front part of the said car.

As a result, the Defendant suffered injury to the victim, such as the bones of her bones, which requires approximately 20 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. An accident scene photograph;

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 selection of imprisonment without prison labor, concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the victim suffered a very large injury due to the instant traffic accident is disadvantageous to the defendant.

However, the same type of punishment as the order shall be determined in consideration of the favorable circumstances for the defendant, such as the fact that the automobile comprehensive insurance has been subscribed, some of the money for the victim has been deposited, and there is no special