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(영문) 광주지방법원 2018.08.14 2018고단2251
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 a Bran vehicle.

On April 26, 2018, the Defendant driven the above car at around 13:55, and led the front road located in Gwangju Seo-gu, to drive the said car at an irregular speed according to the gold dives section from the jurisdiction of the District Fire Department of the Seo-gu, the Defendant driven the front road located in the Seo-gu, Seo-gu, Seoul to the gold dives section.

Since there are many roads and crosswalks, in such cases, the defendant engaged in driving service has a duty of care to prevent accidents in advance by safely driving the vehicle, such as checking whether there is a pedestrian by reducing speed and checking the right and the right and the right of the road.

Nevertheless, due to the negligence of neglecting this, the Defendant did not discover the victim E (A, who was crossing the crosswalk from the left side of the running direction of the Defendant’s driver’s car to the right side, and did not find the victim E (A, who is aged 81) and the part of the victim’s body part was shocked to the front part of the Defendant’s driver’s car, so that the victim exceeded the surface.

Defendant 1 suffered injury to the victim by negligence in the above business, such as a 12-day therapy around the right sprink, which requires approximately 12 weeks treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Course of Traffic Accidents / [The type of traffic accident / [the special sentencing person] type 1 (the injury or injury caused by traffic accident] of the Act on the Protection, etc. of Traffic Accidents: The area of mitigation [the scope of recommendation] of mitigation [the scope of recommendation] of mitigation [the scope of recommendation] from January to August / [the general person of mitigation] of mitigation: the occurrence of serious injury not to be injured.

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