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(영문) 광주지방법원 2013.12.10 2013고단1991
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 of Cknife vehicles.

At around 16:10 on March 18, 2013, the Defendant proceeded five lanes in front of the chemical seeds and seedlings company in the transmitting-dong of Gwangju Mine-gu at a speed of about 20 km per hour from the direction of the Gwangju Airport along three lanes.

At that place, there was a crosswalk and a signal, etc., so that there was a duty of care to check whether there was a pedestrian by complying with the signal and reducing speed in advance and by properly examining the right and the right and the right of the driver of the motor vehicle, and to prevent the accident.

Nevertheless, the Defendant neglected to do so and caused the Defendant’s fault in violation of the stop signal to the right side of the victim D (the age of eight) who has dried the crosswalk to the right side of the road in accordance with the pedestrian signals, with the front part of the vehicle driving by the Defendant, and the front wheels of the right side of the vehicle driving. In addition, the Defendant suffered approximately eight weeks off the right side of the road, accompanied by the upper part of the motor vehicle, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, D, and H;

1. The actual condition survey report;

1. Two copies of an on-site examination of evidence of the accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes to intersection signal systems (intersection signal, etc. in the direction of the vehicle);

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

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

1. 사회봉사명령 및 수강명령 형법 제62조의2 쟁점에 대한 판단 피고인 및 변호인은 신호위반을 하지 않았다고 주장하나, 증인 E은 이 법정에서 "황색등을 보고 멈췄고 자신의 차량 앞에 스타렉스가 정차해 있었으며, 곧바로 적색등으로 바뀌었는데, 그 직후에 왼쪽 차선(3차선)에서 진행하던 피고인 운전의...

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