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(영문) 광주지방법원 2016.12.15 2016고단2906

교통사고처리특례법위반(치상)

Text

1. The defendant shall be punished by imprisonment without prison labor for five 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

The defendant is a person who is engaged in driving a vehicle B with a vehicle.

On June 5, 2016, the Defendant driving the above vehicle at around 17:05, and collected the two-lane road in front of the D in Gwangju Northern-gu C from the end point of 106 to the end point of 106, and proceeded along the two-lane distance from the apartment.

At the front of the crosswalk, the crosswalk has been installed, so in such a case, a person engaged in driving service has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct the passage of the pedestrian or endanger the pedestrian, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and proceeded to the right side of the victim E (the 12-year old age), which opened the crosswalk in the right side of the defendant's proceeding direction, took the right side side side of the victim E (the 12-year age), into the left side side of the vehicle of the defendant, and taken the right side of the victim F (the 13-year age age), into the front front side of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim E in the course of the above occupational negligence, such as the injury to the right-free framework, which requires approximately seven weeks of medical treatment, and the injury to the victim F, such as the 3 and 5-year left-hand aggregates, which require approximately four weeks of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Application of the traffic accident report, each medical certificate, and the field photographing statutes of the traffic accident;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (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 alternative imprisonment without prison labor;

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

1. In full view of the following circumstances with the reason of sentencing under Article 62-2 of the Criminal Act, all the sentencing conditions shown in the instant pleadings, including the Defendant’s age, character and conduct, environment, background of the crime and circumstances after the crime, etc., the orders are issued.