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(영문) 광주지방법원 2016.06.23 2016고단739

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for 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 rocketing car.

On October 28, 2015, the Defendant driven the above vehicle on around 18:20 on October 28, 2015, and led to the front of the two-lane factory factory in Gwangju Seo-gu, Seo-gu, Gwangju, along the three-lanes in the direction of the car in the direction of the infant at the seat of the Korean Hospital.

When pedestrians are passing along a crosswalk, drivers of all vehicles have the duty of care to temporarily stop in front of the crosswalk in order not to obstruct or endanger the crossing of pedestrians.

Nevertheless, the Defendant neglected this and neglected to pass the crosswalk, and caused the victim C (46 ) who was up to the right side of the crosswalk in accordance with the crosswalk to go beyond the road by the front part of the left side of the vehicle driving by the Defendant.

As a result, the Defendant suffered approximately 11 weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes 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 and Article 268 of the Criminal Act, and 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 the recommended punishment according to the sentencing guidelines: From one month to six months (the scope of the recommended punishment) of imprisonment without prison labor, the mitigation area (one month to six months) of the mitigated area (including special mitigation persons) of the mitigated area;

3. The sentence shall be determined as ordered in light of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., in the major normal relationship to be considered below the sentence.

A disadvantageous normal relationship: The defendant was able to cut the crosswalk.