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(영문) 광주지방법원 2019.08.22 2019고단2278
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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 was engaged in driving of B-B compact cars.

On May 31, 2019, the Defendant driving the above vehicle at around 14:30, while driving the vehicle, and driving a four-lane road in the Southern-gu Seoul metropolitan area at the front side of the road along the three-lane.

Since there is a crosswalk where a signal, etc. is installed, in such cases, the driver has a duty of care to check whether there is a person who gets involved in driving service to reduce the speed and to see well the right and the right on the front side, and to drive safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and did not discover the victim E (the age of 73) and had the victim go beyond the upper part of the Defendant’s vehicle, because the Defendant was negligent in proceeding in violation of the signal, and instead did not discover the victim E (the age of 73).

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the removal of internal walls and internal walls, for about six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident and the report on each traffic accident;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the reasons for the suspended sentence”) [the scope of recommendations and recommendations] - Basic area, and type of traffic accident in the imprisonment without prison labor for April to one year: General traffic accident: [Type 1] Special Punishment for the bodily injury caused by a traffic accident (the same as the person who committed the act) - mitigated factors: Reasons under two or more proviso (fence violation, crosswalk) (the same as the person who committed the act): Defendant violated the signal, and the victim was injured while driving a vehicle in violation of the signal, and the degree of the injury is not easy.

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