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(영문) 광주지방법원 2018.09.11 2018고단2368
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

On April 19, 2018, the Defendant driven the above car at around 13:40 on April 19, 2018, and proceeded about 20-30km/h speed from the side of Gwangju Airport to the direction of the transmitting station according to three-lanes as the regular manager of the Gwangju Mine District.

Since there is an intersection where signal lights are installed at the front of that place, in such a case, the driver of the vehicle has a duty of care to check whether there is a vehicle passing through the intersection by reducing the speed and checking well the front side, and to prevent the accident by driving safely in accordance with the traffic signals.

Nevertheless, even though the Defendant neglected this and the vehicle driving signal was changed to the stop signal, the Defendant got off the front part of the part of the victim D (18 S) who proceeded to the above intersection from the left side of the moving direction to the right side of the Defendant’s road by negligence in violation of the signal, and got off the front part of the Defendant’s automobile driving.

As a result, the Defendant suffered injury to the victim, such as cutting down the upper part of the upper part of the upper part of the upper part of the river in need of the treatment period of about nine weeks due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend, and Article 62-2 of the Act on the Protection, Inspection, etc. of Traffic Accidents / [the type of traffic accident / [the person subject to special sentencing] types 1 (the person subject to special sentencing] - The area subject to mitigation [the scope of recommendation] [the scope of recommendation] reduction [the person subject to general sentencing] from January to 8 (the person subject to general sentencing] - the mitigated element: the purchase of comprehensive automobile insurance

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