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(영문) 광주지방법원 목포지원 2014.09.01 2014고단1044

교통사고처리특례법위반

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

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

Reasons

Punishment of the crime

The Defendant is also engaged in driving of freight vehicles B.

At around 02:05 on November 17, 2013, the Defendant runs a three-lane road from the Cheongndong-gu, Sinan-gun, Chungcheongnam-do to the west in the direction of the Cheongndong-do.

On the other hand, the right turn to the left at the speed of speed.

There is a crosswalk installed and the signal of yellow light is a three-distance crossing in operation. At the time, the victim C (Nam and 39 years of age) crosses the crosswalk to the right side from the left side of the driving direction of the Defendant, so in such a case, the person engaged in the vehicle driving duty has a duty of care to check the front direction, such as temporary stop in front of the crosswalk, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and did not find a victim crossinging the crosswalk from the left side of the driver's vehicle of the defendant to the right side, and the part before the left side of the driver's vehicle of the defendant was shocked to the right side of the victim.

The Defendant suffered injury, such as flaging off the body of the victim, which requires approximately six weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the practical survey report, field photographs statutes;

1. Relevant legal provisions concerning criminal facts, 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 in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Basic area, April to October (no person shall be specially punished);

3. The victim's injury suffered as a result of the decision of sentence or the suspension of execution is not minor, but the defendant.