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(영문) 광주지방법원 순천지원 2018.10.11 2018고단971
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 a period of 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 Cbeu or passenger cars.

On February 17:15, 2018, the Defendant driven the above passenger car volume and proceeded ahead of the three-lanes of the apartment commercial building of 62 sub-Decree 62 at the boarding time along the two-lanes of the two-lanes of the two-lanes of the 3-lane.

There is a place where a crosswalk without signal, etc. is installed, and a person engaged in driving a motor vehicle has a duty of care to reduce the speed of the motor vehicle, to live well on the front side, and to check whether pedestrians are not driving the crosswalk, and to prevent accidents by safely driving the crosswalk.

Nevertheless, the Defendant neglected this and proceeded with the right side of the victim D (V) who walked on the right side from the left side of the direction of the defendant's proceeding to the front side of the defendant's vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report (1) (2) (2)

1. A medical certificate;

1. Application of each statute on photographs;

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

1. Selection of a credit cooperative without prison labor for punishment;

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

1. For the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, comprehensively taking account of the defendant's criminal records (the first offender), the background of the occurrence of the instant traffic accident, the degree of the defendant's fault, the degree of damage of the victim and whether the victim is recovered (the comprehensive insurance), the respect of the victim's intent to punish North Korean deserters, the defendant is against his mistake as North Korean deserters, and the defendant's family relation and other various sentencing conditions as shown in the records and changes of the instant case.

(b) for more than one year.

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