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(영문) 광주지방법원 2017.12.12 2017고단4535
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 drives Oralba.

On September 21, 2017, the Defendant driving the upper Yababaon around 21:15, and driving the upper Yababa, as the Standing Park in Seo-gu, Seo-gu, Gwangju, the two-lanes of the front 126-lane of the Standing Citizens Park, which is located in the 126-lane of the Gababag.

In such a case, the driver of any motor vehicle shall accurately operate the steering gear, brakes and other devices of the motor vehicle, and the driver of any motor vehicle shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, but shall not drive the motor vehicle at such a speed or in such a manner as to inflict any damage on others, by negligence, he/she taken the victim C (the 84 years old) who was walking along the two-lanes of the road on the road at the same location along the two-lanes of the road as he/she is, and caused the victim to suffer any injury by running the motor vehicle on the part of the motor vehicle of the motor vehicle at the above five-lane driver's vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Protection and observation, order to provide community service, order to attend education, Article 62-2 of the Criminal Act, reason for sentencing under Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents / [The type of general traffic accident / [the special sentencing person] - mitigated element: In a case where there is a substantial fault on the occurrence of traffic accidents even for the victim [the scope of recommended punishment] mitigated area [the scope of recommended punishment ] January to August / [the scope of suspended execution] - Major reasons for major consideration : a case where the victim was negligent due to considerable negligence on the occurrence of traffic accidents - there are no criminal records of suspended execution.

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