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(영문) 광주지방법원 2015.07.09 2015고단1053
교통사고처리특례법위반
Text

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

2. Provided, That the execution of the above punishment shall be suspended for two years 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 of a cargo vehicle of C1 ton.

On October 28, 2014, the Defendant driven the above cargo vehicles around 08:30 on October 28, 2014, and driven the front road of the crosswalk in the vicinity of the common intersection of Young-gun, Young-gu, Young-gu, Young-gu, Jeonnam.

There is a victim D (7 years old) who crosses the crosswalk from the left side of the defendant's running direction to the right side of the crosswalk which has no signal, etc., so in such a case, there was a duty of care to temporarily stop to the person engaged in driving duty and to make a way to pass through or yield the course to the woman.

Nevertheless, the Defendant neglected this and immediately discovered the victim who is crossing the crosswalk from the left side to the right side of the crosswalk and operated it, but did not avoid the situation, and caused the victim's face face to go beyond the ground and caused the victim to go beyond the ground.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as 13 weeks of sexual intercourse, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to practical survey reports, accident site photographs, and medical certificates;

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

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

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

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing guidelines: The basic area of traffic accidents in the first category shall be from April to October of credit cooperatives.

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