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(영문) 광주지방법원 목포지원 2021.01.12 2020고단263
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 service B.

On February 12:57, 2020, the Defendant proceeded along the 38 white street from the 9th square to the shooting distance of the wooden Police Station from the 19th square to the 5th square.

Since there is a cross-section with signal lights and crosswalks, the person engaged in driving service had a duty of care to prevent accidents in advance by driving the crosswalk in accordance with the new code when confirming whether there is a pedestrian.

Nevertheless, the defendant, while proceeding in violation of the signal, should not enter the intersection by changing the direction signal from yellow to red, has to stop and stop the passage. However, the defendant, by negligence, caused the victim C (W, 73 years old) who opened the crosswalk in accordance with the pedestrian signals to the left side from the right side of the proceeding direction to the left side of the road, caused the victim to go beyond the road, and caused the loss on the floor of the road.

Ultimately, the Defendant suffered injury to the victim, such as the closure of a double-water frame floor on the right side, which requires approximately five weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a map at the scene of the accident, a fact-finding survey report, a field photograph, a CCTV-cape photograph, a photograph of the CCTV in the intelligent traffic system, a de facto survey evidence photograph, a CCTV video recording CD, an investigation report (year), and a signal apparatus inspection report (C);

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

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

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing criteria [the types of traffic accidents]. General traffic accidents.

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