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(영문) 광주지방법원 2016.05.19 2016고단368
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B.

On October 27, 2015, the Defendant driven the above vehicle on around 18:40 on October 27, 2015, and led the front road located in Gwangju Mine-gu C to the front door of the official military unit in the Song Lo Loon Hospital.

At all times, there is a crosswalk where signal lights are installed, so in such a case, a person engaged in driving service has a duty of care to protect pedestrians who walk the crosswalk by driving in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected to proceed in violation of the signal, thereby causing the victim E (10 years) who dried the crosswalk to the right-hand side of the direction of the Defendant’s proceeding, along with the pedestrian signals, received the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as double ducts, which require approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the actual survey report, internal investigation report, diagnosis certificate, and Acts and subordinate statutes governing the scene photographs of traffic accidents;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended punishment according to the sentencing guidelines: Where illegality in the proviso to Article 3 (2) of the Act on the Special Cases of the Teaching Staff is serious (where at least two provisos are applicable) in the basic area, the punishment shall not be imposed in any case where the punishment is not imposed;

2. Determination of sentence: Determination of sentence of imprisonment without prison labor: In full view of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sexual conduct, environment, circumstances after the commission of the crime, etc., for the period of four months, one year after the suspension of execution, as well as the following circumstances:

. Unfavorable circumstances: violates signal.

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