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(영문) 광주지방법원 2016.05.19 2016고단308
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM3 car.

On November 14, 2015, the Defendant driving the above vehicle at around 06:20, and driving the front road in Gwangju Seo-gu at a speed of about 50km per hour, depending on one lane between the five lanes in the direction of the distance from both villages.

On the other hand, there was a crosswalk where signal lights are installed at the front door, so in such a case, it was necessary to confirm whether a person engaged in driving service has a duty of care to reduce the speed and to see well the front door, while driving safely according to the traffic signals and prevent accidents in advance.

Nevertheless, by negligence in violation of the signal, the defendant left the right side of the victim F (Woo 43 years old) who walked the crosswalk in accordance with the pedestrian signals from the right side of the defendant's proceeding direction, and got the victim into the top part before the left side of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the injury of an ex post facto group, etc., and the complete escape from the right side of the bad faith requiring approximately four weeks of treatment after the cerebral wave requiring approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of traffic accident reporting, each medical certificate, on-site photographs statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows: (a) considering the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime, and all of the sentencing conditions indicated in the pleadings of the instant case, such as the Defendant’s age, sex, circumstances, and circumstances after the commission of the crime, the sentence shall be determined like the order (the sentencing criteria shall not be applied by selecting fines).

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