beta
(영문) 광주지방법원 목포지원 2016.11.04 2016고단955

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bran vehicle.

On May 2, 2016, the Defendant driven the above vehicle on May 14:2, 2016, and driven the three-lane road in front of the D in Fag City C, along the two-lanes from the 9th square to the stadium.

The location has a crosswalk where a signal, etc. is installed, so in such cases, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to reduce speed and to see well the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code to prevent the accident in advance.

Nevertheless, due to the negligence of neglecting this, the Defendant got off the crosswalk from the right side of the Defendant’s vehicle to the left side of the Defendant’s vehicle in accordance with the pedestrian signals from the left side of the Defendant’s vehicle to the left side of the victim E (n.e., 32 years old). The Defendant continued to set up the part of the victim’s left side, which is in excess of the back side of the Defendant’s vehicle’s right side.

Ultimately, the Defendant suffered injury to the victim, such as the removal of a copy of a duplicating item on the left-hand side of the closed nature requiring approximately 11 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. A traffic accident report (1) actual survey report;

1. Application of Acts and subordinate statutes to field photographs, photographs of household effects, CCTV video images, and diagnostic reports;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations on the sentencing guidelines [the scope of recommendations] shall be limited to the category 1 of general traffic accidents (the injury caused by traffic accidents) and the basic area (the person subject to special mitigation) (the person subject to special mitigation).