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(영문) 광주지방법원 2016.11.03 2016고단3906

교통사고처리특례법위반(치상)

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a tXG car.

피고인은 2016. 8. 31. 14:15경 위 차량을 운전하여 광주 광산구 C에 있는 D 미용실 앞 편도 1차로 도로를 세영리첼아파트 쪽에서 고실초등학교 쪽으로 진행하게 되었다.

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 went beyond the floor by taking the victim E (the eight years old) who was standing a crosswalk from the right side of the defendant's proceeding direction to the left side as the front part of the defendant's vehicle.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the upper half of the upper half of the upper half of the body in need of treatment for about seven weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing conditions of Article 334(1) of the Criminal Procedure Act, based on the following circumstances for sentencing, including the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime, shall be determined as ordered by the order.

(Selection of Fine and Sentencing Criteria shall not apply). Unfavorable circumstances: the defendant is negligent in violating the duty to protect pedestrians at the crosswalks.

The degree of injury of the victim is very serious.

e.beliable;