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(영문) 광주지방법원 2018.08.16 2018고단2387
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

On February 13, 2018, the Defendant was parked in D’s front report in Gwangju Dong-gu, Gwangju around 18:30 on February 13, 2018

E Poter Ⅱ driver's vehicle was backward to enter the road. Before crossing the sidewalk, the victim FF (78 years old, female) was under the duty of care to temporarily stop before and after the passage of the sidewalk, and cross the road so as not to obstruct the passage of pedestrians, etc., due to the negligence of neglecting the duty of care to safely drive the vehicle, and caused the victim's injury, such as mination and mination of the upper right in need of about 10 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Each photograph (the list Nos. 5, 9, 16, 23);

1. A CD, such as CCTV images;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Special Measures for the Protection, Observation, etc. of Traffic Accidents / [Determination of the type] of traffic accident in general / [Special Sentencing] - [Determination of the territory of recommendation] mitigation area / [Scope of recommendation] mitigation area / [limited to one month or eight months [general sentencing person] - Cases falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the event of an injury among aggravated factors / [Determination of sentence] above sentencing persons and defendants recognized their mistake, degree of violation of the defendant's duty of care, etc.

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