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(영문) 광주지방법원 2013.05.03 2013고단917

교통사고처리특례법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a C-si driver.

On January 22, 2013, the Defendant driving the said vehicle as a business around 11:45, and driving it on the road in the Yongsan-dong in Gwangjubuk-gu, Gwangju, at approximately 40 kilometers in speed from the shooting distance of the police station in the direction of the railway distance to the direction of the railway distance.

Since there is a crosswalk where a signal, etc. is installed, the driver of a motor vehicle has a duty of care to check whether there is a person who gets a road by reducing the speed and by checking well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new subparagraph.

Nevertheless, by neglecting this, the driver's negligence, disregarding the fact that the vehicle driving signal is changed to a stop signal, finds out the victim D (ma, 7 years old) who crosses the road by using the crosswalk to the right side from the left side of the direction of the course, and immediately operates the road. However, the driver's failure to avoid it and shocked the victim into the road.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, injury to the victim E (E) who was on board a sea-going vehicle for about 14 weeks, such as the right pelle executives, and injury to acute stress reaction requiring medical treatment for about 6 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession of the crime in this case by the defendant and the agreement with the victim D);