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(영문) 광주지방법원 2018.01.09 2017고단5053
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a vehicle for riding BM7.

On August 19, 2017, the Defendant driven the above car at around 05:30, and proceeded at a speed of about 60 km from the front side of the 109-dong 109-dong apartment-100-dong, Seoul Mine-gu, to the front side of the 109-dong apartment-10-dong, Seoul Mine-gu, at a speed of about 10 km to the front side of the 4-lane road.

At the time, the signal apparatus is installed, and in the front of the road, the crosswalk is installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to check whether there is a pedestrian crossing and the right and the right of the pedestrian, while driving the motor vehicle safely in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, due to the negligence of proceeding with the front-side red signal, the Defendant received the part on the left side of the victim C (Woo, 41 years old) who dried the crosswalk in accordance with the pedestrian signals from the front side of the Defendant’s vehicle, and suffered an injury to the victim, such as the damage of the aggregate return requiring approximately 11 weeks medical treatment, the infringement of the upper left-hand flads, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Evidence and photographs of the traffic accident scene;

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

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

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

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Course of Education [the type of determination] - Class 1 (Bodily Injury or Injury by Traffic Accidents) of the General Traffic Accidents - In cases where illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on the Protection, etc. of and Order to Attend the Course of Education is serious [the scope of recommendation] basic area / [the scope of recommendation] 4 months to 1 year [the general sentencing sentencing person].

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