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(영문) 광주지방법원 2013.04.18 2013고단397

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a CFIS car.

On December 19, 2012, the Defendant driven the above car at around 05:10 on December 19, 2012, driving the car, driving the car in front of the Gaba Pak-dong in Gwangju Seo-gu at the speed of about 50 km from the side of the Hani University to the market of agricultural and fishery products at the speed of about 50 km among four-lanes, and making the turn to the left of Punga High School.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, due to negligence of disregarding and proceeding a stop signal, the victim's right side side part of the victim D (the 63 years old) that breaking the crosswalk in accordance with the pedestrian progress signal from the left side of the defendant's running direction to the right side, and the victim's head part was over the front side of the vehicle's left side due to the shock, and the victim's head part was faced with the front side of the vehicle.

As a result, the Defendant suffered serious injury to the victim by negligence in the course of performing his/her duties, such as blood transfusion, from which it is impossible to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents (1), (2), and photographs related to accidents;

1. A written statement of occurrence of traffic accidents prepared by E;

1. Each medical certificate, written opinion, and investigation report (report on the current status of a victim and the application of statutes (2) shall apply;

1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(1), Article 3(2)1 and 6 of the Act on Special Cases concerning the Selection of Traffic Accidents, and the reason for sentencing under Article 268 of the Criminal Act [decision of type] traffic crime group;

1. Injury to a traffic accident (special sponsor) - Where a serious injury to a person under special guard occurs (type 1).