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(영문) 광주지방법원 목포지원 2020.04.21 2019고단793
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 Brenren car.

On April 17, 2019, the Defendant driven the above car at around 15:30, while driving the car, the Defendant proceeded from the D market to the E market in one way.

There was a duty of care to prevent accidents, such as complying with the traffic signal and safe driving by checking whether a person in the crosswalk passes the crosswalk, because he/she was an intersection with a signal light and crosswalk installed.

Nevertheless, even if the Defendant neglected to do so and neglected to stop, and did not discover the victim F who was standing the crosswalk in the pedestrian signal and was negligent in finding out the victim F (the age of 41) on the pedestrian signal, the Defendant was faced with the victim as the part front of the right-hand part of the car driven by the Defendant.

Ultimately, the Defendant suffered injury to sugar, etc., which had no one in two or more open to provide approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Report on the occurrence of a traffic accident, report on the traffic accident (on the actual condition survey report), photographs on the scene of the accident, notification to the reporting department in the case of 112, diagnosis documents, investigation reports (in respect ofCCTV images), and application of Acts and subordinate statutes to the investigation report (in respect of the violation of

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions indicated in the records, such as the Defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime, including the circumstances under the reason for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by the court.

Unfavorable circumstances: The fact that there are many kinds of criminal records and traffic crimes, and during the period of probation.

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