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(영문) 광주지방법원 순천지원 2016.07.13 2016고단557
교통사고처리특례법위반
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

The Defendant is a person who is engaged in driving a rocketing car.

On March 21, 2016, the Defendant, along the two lanes, proceeded at a parallel of three lanes in the direction of the E, 05:59 at the net speed from the parallel to the parallel of the two lanes.

At the time, there is a narrow view in the vicinity with a new wall, and a crosswalk that has no signal apparatus in the front section. In such a case, there was a duty of care to check thoroughly whether a person engaged in driving a motor vehicle is crossing the crosswalk in the front section, and to accurately manipulate the steering direction and brake system of the motor vehicle, thereby preventing accidents.

Nevertheless, the defendant neglected to go beyond the floor by shocking the victim F (79) who was standing a crosswalk from the right side of the defendant's proceeding to the left side, due to the negligence of the defendant's failure to go beyond the floor.

After all, the Defendant suffered injury to the victim F due to the above occupational negligence, such as the influence of the side part of the side in need of approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on a traffic accident: (1) (2) and evidence and photographs of the scene of the traffic accident;

1. Statement made by the police with regard to F;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the type of determination] traffic accident in general traffic accident [the determination of the recommended area] basic area [the scope of recommendation] / [the scope of recommendation] / [the person subject to general sentencing] / one year [the person subject to general sentencing] / In the event of serious injury, other than the bodily injury (the type 1)] / The case falling under the proviso of Article 3(2) of the Act of the Special Cases to the School (the decision of sentence] / The defendant committed the crime of this case in this case by the defendant on the crosswalk.

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