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(영문) 광주지방법원 2016.05.26 2016고단85

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in Cradical art.

On October 26, 2015, the Defendant driven the above car at around 12:10, and moved to the speed of about 30km/h/h of speed at the speed of the city, depending on four lanes from the nearest four-lanes of the National Security Center located in Heung-dong in Gwangju-gu to the nearest side of the Southern University.

Since a crosswalk is installed at a front door, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to see well the right and the right of the front door, and to prevent an accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and proceeded along the front side of the front side of the vehicle of the Defendant and received the part of the victim D(60) (60) on the left side of the road, which is crossing from the left side of the Defendant’s walk, to the right side of the road.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the boness on the left side, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate);

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

1. The sentencing conditions set forth in the argument of the instant case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., shall be determined in light of the major normal relation, which is deemed as follows with the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act, as set forth in the order.

Normal relationship that is disadvantageous to a victim: A victim suffers serious injury.

The defendant's negligence is serious because he has shocked the victim who dried the crosswalk.

A favorable normal relationship: the defendant.