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(영문) 광주지방법원 2016.04.07 2015고단4544

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a driver C 125cc Oba.

On September 10, 2015, the Defendant driving the said Obane, and driving the front road in front of the Gamdong-dong, Gwangju Metropolitan City at a speed that would not be known depending on a one-lane road in the direction of the Gamdong-dong High School, from the dong-dong, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu.

When pedestrians are passing along the crosswalk, the driver of any motor vehicle shall temporarily stop in front of the crosswalk, so as not to obstruct the crossing of the pedestrians or endanger them.

Nevertheless, due to the error that the defendant neglected this and proceeded on the right side of the direction of the proceeding, the defendant saw the part of the victim D (76 tax, south) into the front part of the defendant's Oral part, thereby allowing the victim to go beyond the floor.

Ultimately, the Defendant suffered injury to the victim, such as abandonment pulverization, which requires approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The sentencing conditions of the Defendant’s age, sexual conduct, environment, health conditions, circumstances after the commission of the crime, etc. are considered in the major normal relationship to be considered as being based on the reasons for the sentencing of Articles 70 and 69(1) of the Criminal Act to be set forth in the text of the Criminal Act.

Unfavorable circumstances: A victim has suffered serious injury.

The defendant's negligence is serious because he has shocked the victim who dried up the crosswalk.

The defendant has been punished several times for traffic-related crimes, and among them, he has been punished for the penalty.

Currently, it is under suspension of execution due to interference with public duties.