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(영문) 광주지방법원 2020.08.20 2020고단2557
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving the KS5 taxi.

On March 22, 2020, the Defendant driven the above taxi on March 17, 2020, and turned the 256 Young-gu Ga to C from the direction of the transmitting station as the regular manager of the Gwangju Mine-gu.

As such, the Defendant, who is engaged in driving, has a duty of care to temporarily stop in front of the crosswalk and to comply with the signals and instructions expressed by traffic safety facilities.

Nevertheless, the Defendant neglected this and continues to violate the signal.

From the right side of the proceeding, the victim D (the age of 31) crossing the crosswalk to the left side of the crosswalk was found late, and the defendant was placed on the left side of the victim due to the front part of the taxi.

As a result, the Defendant suffered from occupational negligence such as cutting the frameworks of the pelvis, accompanied by a pelvis that requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual condition survey report 1.2;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 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. Article 62 (1) of the Criminal Act;

1. In full view of the criminal records of the defendant, the nature and risk of the crime of this case, the circumstances leading up to the crime, the degree and recovery of the victim, the family relationship, health condition of the defendant, and the possibility of re-offending of the crime for the reasons of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking account of various sentencing

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