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(영문) 광주지방법원 2018.12.13 2018고단4117
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 19:00 on August 27, 2018, the Defendant driving a BSS3 car, and proceeded in a gold-ho apartment site on the front side of the Hancheon Elementary School located in the 59-ro in Seo-gu, Seo-gu, Gwangju, with the two-lane of the 59-lane. Around August 27, 2018, the Defendant was negligent in neglecting the duty of care to safely drive the ebbbbbbbb, such as by observing the signal, observing the steering system, and accurately operating the steering system, and thereby resulting in the Defendant’s injury to the victim C (30 years, nb) who passed the crosswalk in violation of the red signal, by taking the victim into the front part of the said car, with approximately 12 weeks of the need for medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of C’s statement;

1. A medical certificate;

1. An accident scene photograph;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents / [Determination of Type] 1 (Special Sentencing) of the Act on Special Cases Concerning the Settlement of Traffic Accidents - Where illegality in the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Aggravations is serious (determination of the area of recommendation] basic area / [the scope of recommendation] from April to one year [the scope of general sentencing person] - Where there occurs any serious injury other than the injury [decision of sentence] where the above sentencing person and the defendant recognize their mistake, and the degree of violation of the defendant's duty of care, etc.

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