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(영문) 광주지방법원 2017.07.25 2017고단2243
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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 of a low-speed car.

On April 5, 2017, the defendant driving the above vehicle at around 15:48, and let the D third party distance in front of Gwangju Dong-gu C turn to the left from the front side of the movable property at the front side of the C.

Since the location is installed a crosswalk on the front side, in such a case, a person engaged in driving a motor vehicle has a duty of care to properly see the front, rear, and left and right, and to accurately manipulate the steering gear and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and caused the victims E (the age of 82) who dried the Madern crosswalk by negligence, which caused the Defendant to go beyond the front part of the driver's seat of the Defendant.

As a result, the Defendant suffered injury, such as cutting the body to the right to the right in need of approximately seven weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of statutes on site photographs;

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 Observation, etc. of Protection, etc. of Order to Attend, the reason for sentencing [the type of determination] - Class 1 of the ordinary traffic accident [the person causing a traffic accident] - The elements for mitigation: The area of mitigation [the scope of recommendation] [the scope of recommendation] reduction [the scope of general sentencing] - January - 8 [the amount of mitigation] - When comprehensive motor vehicle insurance policy - Where a serious injury not injured occurs among the increased factors: (1) - Where a serious injury not injured occurs among the increased factors falls under the proviso of Article 3 (2) of the Act of the Special Accounts of the Republic of Korea [the existence or not of suspended sentence] - The main reasons for suspended sentence - The positive punishment is not punishable - the reason for suspended sentence at least twice adverse.

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