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(영문) 광주지방법원 2016.05.19 2016고단325

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a bwing and freezing Class B.

Around 05:05 on January 8, 2016, the Defendant driven the said freezing vehicle at a speed of about 20km/h/h of speed, driving the crosswalk between the delivery of cultural distance and the traffic islands in the Gwangju Northern-dong.

Since a crosswalk is installed on the front side, there was a duty of care to check whether a person engaged in driving service is a person who gets on a road by reducing the speed and by properly examining the right and the right and the right of the road, and to drive safely.

Nevertheless, the Defendant neglected this and tried to find out the victim C (the 69 years old) crossing the crosswalk to port from the right side of the Defendant’s course due to negligence, which led the Defendant to go beyond the ground by finding out the victim C (the 69 years old) late to avoid this. However, the Defendant failed to avoid it, and got the victim to go beyond the ground with the body of the victim’s on the right side of the freezing side of the Defendant.

As a result, the Defendant suffered injury, such as pulverization in the upper right frame, which requires approximately seven weeks of treatment due to the above occupational negligence, to the victim, such as pulverization in the upper right frame.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 2 and Article 268 of the Criminal Act, and Article 268 of the Criminal Act;

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

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: From one month to six months (the scope of the recommended punishment) of imprisonment without prison labor, the mitigation area (one month to six months) of the mitigated area (including special mitigation persons) of the mitigated area;

3.The age of the accused in major normal relations that are considered below the sentence to be pronounced;