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(영문) 광주지방법원 순천지원 2016.09.07 2016고단334

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in B-si driving service.

On December 31, 2015, around 12:40 p.m., the Defendant proceeded at an insurous speed from the middle school, along the two-lanes to the railroad playgrounds.

At this point, there was a crosswalk without signal apparatus at the front door, so in such a case, the driver of the vehicle has a duty of care to thoroughly control the front door and the left door door and the left door door, and to thoroughly manipulate the steering direction and the brake system of the vehicle to prevent the accident by accurately manipulating the steering direction and the brake system of the vehicle.

Nevertheless, the defendant neglected his/her duty to leave the right side of the victim E (Woo, 85 years old) who walked the crosswalk from the left side of the direction of the defendant's proceeding to the right side of the victim E (Woo, 85 years old).

As a result, the Defendant suffered injury to the victim, such as cutting down the upper right upper part of the 8 weeks of treatment and cutting down the upper right upper part of the Defendant’s occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. A traffic accident report (1 report), on-site map, and report on a traffic accident (1) (2);

1. On-site evidence and photographs;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture or an order to attend a community service has several records of being punished for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the victim's injury is not less severe, but unfavorable circumstances, such as the confession and reflect of the defendant, the fact that the defendant made a confession and reflect, the victim's original agreement, and other favorable circumstances, such as the defendant's age, character and behavior,