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(영문) 광주지방법원 2015.10.15 2015고단1607

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

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

3.

Reasons

Punishment of the crime

On March 17, 2015, the Defendant, who is engaged in driving of D E-car, was driving the said car around 04:5 on March 17, 2015, and led to driving the F-cafeteria E in the direction of driving it in the direction of East-gu.

At the time, there is a pedestrian crossing in which signals are installed at night, and thus, the driver had a duty of care to check whether there is any person who gets on the way to reduce the speed and to see well the right and the right and the right and the right and the right and the right and the duty of care to drive safely according to the new code.

Nevertheless, the Defendant neglected this and found the victim G (the age of 77) who cross the crosswalk from the left-hand side to the right-hand side in accordance with the pedestrian signals due to negligent negligence in violation of the signal, and started the victim G (the age of 77) to immediately operate the crosswalk, but did not avoid it, but did not go beyond the ground after receiving the victim's right-hand edge from the front-hand part of the math car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during about 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. Application of Acts and subordinate statutes to the de facto survey report, signal system map, and diagnostic certificate;

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

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

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

1. Scope of the recommended sentence based on the sentencing guidelines: A person who is in a special area within the basic area of the first category of traffic accident from April to October of the imprisonment without prison labor: Where the illegality in the proviso to Article 3 (2) of the Specialized School Act is serious (where two or more proviso are applicable) (where the special mitigation is serious, referring to a case falling under two or more proviso): Efforts to recover damage;

2. Determination of sentence: April of a credit cooperative, two years of a stay of execution, and other accuseds.