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(영문) 광주지방법원 순천지원 2017.07.26 2017고단474
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

The Defendant is a person who is engaged in driving C Q 125 Oba.

On February 9, 2017, the Defendant driven an over-to-land 20:30 on the 2017.2.2.2., and led the Defendant to proceed from the second apartment to the fifth apartment in the vicinity of the apartment in order to connect the intersection of the front of the 77 father-young apartment.

At all times, the signal line is installed, and the crosswalk has a duty of care to reduce the speed and to ensure the right and the right and the right of the driver, and to drive safely according to the signals.

Nevertheless, even though the Defendant neglected this and stopped the front signal, the Defendant violated the crosswalk signal by negligence and proceeded as it is, and shocked the front part of the victim D (the age of 22) who dried the crosswalk.

Ultimately, the Defendant suffered injury to the victim, such as the upper right trokes and sheshesheshelsheshes, which requires approximately 14 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning evidence and photographs at the scene of a traffic accident, black scamblings and images;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The occurrence of traffic accidents due to sentencing under Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Act on the Protection, Observation, etc. of Social Service Orders is large by the negligence of the accused, the injured party is heavy, and the injured party is punished.

On the other hand, the defendant recognized the crime of this case, and deposited 5 million won for the victim, and the defendant was subscribed to the motor vehicle comprehensive insurance in the judgment of the defendant.

3.2

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