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(영문) 광주지방법원 순천지원 2014.05.16 2014고단230
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On December 26, 2013, the Defendant driven the above car at around 19:30 on December 26, 2013, and got straight along two-lanes in front of the convalescent hospital, Dong-dong, Dong-dong, in the direction of the aesthetic ginseng distance from the eline.

Since there is a place where a vehicle signal light and pedestrian crosswalk are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by taking into account the front side and right side of the motor vehicle and whether there is a person to build the crosswalk.

Nevertheless, the Defendant neglected to do so and went through due to negligence, disregarding that the vehicle driving signal is changed to a stop signal, brought the body flag of the victim D (the 15-year old age) who was a pedestrian who flading the crosswalk in accordance with the above passenger signals, with the front part of the head of the car operation, and caused the victim to suffer injury, such as serious brain damage (the thalth, thalthy, thalthy, and brain injury) in need of medical treatment for about 20 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. A traffic accident report (1) and (2) an actual survey report;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Determination of Punishment] for traffic accident in general traffic accident (the person who has a special appearance): Class 1 (the person who has suffered from traffic accident) (the person who has received a special appearance) - The elements for mitigation: the reduction of punishment (including serious efforts to recover from damage) - Where serious injury has occurred (the decision of the recommended area): the basic area (the decision of the recommended area) [the scope of the recommended area] from April to October [the general person] of imprisonment without prison labor] - The mitigation element: the comprehensive motor vehicle insurance policy, the serious reflectness, and the force of criminal punishment.

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