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(영문) 광주지방법원 2017.06.15 2016고단5847
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for two 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 a modern bus in the world.

On December 16, 2016, the Defendant driven the above van on the 14:42 on December 16, 2016, and led to the intersection of the front distance in Gwangju Mine District D from the new junior middle school to the 40km speed from the new junior high school.

At the same time, the crosswalk was installed at the front, so in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle is a person who renders a way to reduce the speed and to see well the right and the right of the front, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and led to the negligence of bypassing it to the right side of the Defendant, which led to the left side of the victim F (F, 79 years old) who was a pedestrian crossing in accordance with green signals, from the right side of the Defendant's moving direction to the right side of the driver's vehicle.

After all, the Defendant suffered injury to the victim, such as the mouth flag, closure, etc. in the middle of the sofashion, which requires the victim's treatment for about five weeks due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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 and Article 268 of the Criminal Act concerning criminal facts;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Act on the Protection and Observation of Community Service Order and Order to Attend Education, Article 59 of the Criminal Act, and Article 62-2 of the Act on the Protection and Observation, etc., was committed by the defendant. The crime of this case was committed with serious traffic accidents involving the victim of the crosswalk, and the quality of such crime is not less than that of the crime, and the defendant did not pay due attention to the operation of the horse in the past because there was the past

However, the defendant recognizes the crime of this case.

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