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(영문) 광주지방법원 2016.10.27 2016고단2634

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B and B.

On June 4, 2016, the Defendant driven the above vehicle at a speed of about 10km/h in speed from the right side to the right side of the 3-lane in front of the sexual monthly distance in front of the Sungyang-gun's Gowyang-gun's ancient letter, and proceeded at a speed of about 10km/h.

At that time, there was a crosswalk in which signal lights are installed on the front door, so there was a duty of care to safely drive a motor vehicle in accordance with the signals of the front door while checking whether there was a person who renders a motor vehicle driving service by reducing the speed and by checking well the right and the right.

Nevertheless, due to the negligence that the defendant neglected this and proceeded with while the signal of the front side is red, the head of the victim C (Woo, 80 years old) crossing the left side from the right side of the crosswalk in accordance with the crosswalk signals was shocked with the part that supports the right side of the driver's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as blood transfusion, due to the negligence in the above business, for about six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Reporting on internal affairs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 2, Article 2, Article 268 of the Criminal Act concerning facts constituting an offense, and Article 3 (1) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Sentence;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended sentence based on the sentencing guidelines: Cases where the illegality in the basic area (including efforts to recover damage) of the type 1 (in a case of special mitigation) (in a case of a person subject to special mitigation) is serious or the case of a person in a case of a climatic driving in accordance with the proviso (excluding subparagraph 8) of Article 3 (2) of the Special Class of the School Traffic Act, whichever is more than 4 months to 1 year (in a case of a person subject to special mitigation).

3. Determination of sentence;