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(영문) 광주지방법원 목포지원 2015.04.09 2015고단8
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 who is engaged in driving a B-Wood vehicle.

On September 2, 2014, the Defendant operated the said car at around 15:00, and made the front distance of D, which is located in the territory of the Republic of Korea-U.S., to turn to the left at the lower distance from the boundary of the land in the middle site of the U.S., the U.S..

Since there are crosswalks installed in the defendant's direction as an intersection that does not regulate traffic, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, and as such, there was a duty of care to check whether a person engaged in driving a motor vehicle has a right to drive the motor vehicle by reducing the speed

Nevertheless, the defendant neglected to do so and proceeded on the right part of the above vehicle, which is the top part before the right part of the above vehicle, and the passage along the crosswalk from the right part of the defendant's running direction to the left side of the crosswalk, was opened up to the road.

As a result, the Defendant suffered injury, such as an injury by occupational negligence, on the part of the victim, with no open address within 8 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A survey report on the actual condition of a traffic accident, and on-site photographs of a traffic accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Basic area, four months to ten months (no person in special form):

3. Although the victim suffered serious injury as to whether to render a sentence or suspend execution, the Defendant recognized and against his own fault, and did not agree with the victim, part of the victim's injury.

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