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(영문) 광주지방법원 2016.08.18 2016고단1466
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 of Bone Star Co., Ltd.

On March 9, 2016, the Defendant driven the above vans around 11:03, and turn to the left at the right of the reservoir located on the front side of the Rocheon-ro, Seo-gu, Gwangju, Seo-gu, Seo-gu.

Since there is no signal signal, there was a duty of care to prevent accidents by checking whether a person engaged in driving a motor vehicle has a pedestrian by temporarily stopping the motor vehicle before entering the crosswalk, and safely proceeding the accident.

Nevertheless, the Defendant neglected this and found the victim C (60) who passed the crosswalk from the right side of the proceeding to the left side by his negligence and did not go beyond the floor to avoid it, but did not go against it, and did not go beyond the floor.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as light flaging the left-hand flag, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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. All of the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, health condition, circumstances after the commission of the crime, etc., in the major normal relationship to be considered below the sentence.

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