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(영문) 광주지방법원 2016.09.01 2016고단1814
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

On May 2, 2016, at around 22:15, the Defendant made a turn to the left at a speed that would not be known depending on the one-lane of the road, toward the third line road at the intersection of the front distance in Gwangju Seo-gu, Seo-gu., the Defendant’s turn to the left at a speed that would not be known depending on the one-lane of the road.

Since there is a crosswalk where a signal, etc. is installed, a person engaged in driving service has a duty of care to check whether there is a person who gets on the way to reduce speed and to see well the right and the right and the right and the right and the right of the person, and to drive safely according to the new subparagraph.

Nevertheless, the defendant neglected this and found the victim E (the 21-year old) who was crossing the crosswalk due to the Rason's apartment room in D room according to the normal signal of the Mad pedestrian by negligence in violation of the signal, and caused the victim to go beyond the road by receiving the part of the victim's body part in front of the car.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand hand flag, which requires approximately 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 2, Article 2, Article 268 of the Criminal Act concerning facts constituting an offense, and Article 3 (1) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Sentence;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended sentence based on the sentencing guidelines: Imprisonment without prison labor for a period of four months to one year (in the case of recommendations), the basic area (in the case of a person subject to special mitigation) (in the case of a person subject to special mitigation) (including a person subject to serious effort to recover damage) / The illegality of Article 3(2) proviso (excluding subparagraph 8) of the School Special Act is heavy.

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