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(영문) 광주지방법원 순천지원 2013.05.24 2013고단430

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing vehicle.

On November 19, 2012, around 18:45, the Defendant proceeded from the intersection of the two-lane road in front of the E, which is located in Suncheon-si D, to the sloping of about 50km each hour from the intersection of the intersection.

At the same time, there is a light-distance intersection in which yellow lights are operated, and there is a crosswalk in front of the intersection without signal lights, and at the same time, there was a situation where the surroundings was set up at night.

In such cases, a person engaged in driving service has a duty of care to reduce speed in advance and to prevent accidents by driving safely in advance by safely examining whether there is a person crossing the road.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, caused the Victim F (F) crossing the road in front of the direction of the running of the said rocketing vehicle (F, 20 years old) to go beyond the road on the left-hand side of the front driver of the vehicle of the Defendant.

Ultimately, the Defendant caused the above victim to become a fluoral disorder, such as anti-fluor, her clothes, and neute, due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. The police statement of H;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Relevant legal provisions on criminal facts, Articles 3(1) and 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act [Determination of Punishment] Traffic Accidents, the Reasons for Imposition of Punishment (Special Determination of Punishment) under Article 268 of the Criminal Act, where a traffic accident is caused by a general traffic accident [Special Aggravation] - Where a serious injury occurs (one type] - [Determination of the recommended area] ] Where a serious injury occurs (the scope of recommendation area] [the scope of general person] - Reduction element] from August to January 16 (the scope of recommendation area] - Deposit of a reasonable amount, and purchase of an automobile comprehensive insurance policy [the scope of punishment] applicable provisions: Article 3(1) of the School Special Act; 1-5 years [whether suspended