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(영문) 광주지방법원 2014.02.11 2013고단5673
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of Churd vehicle.

On October 29, 2013, the Defendant driven the said car on October 29, 2013, and proceeded in three lanes near the entrance of the modern apartment located in the Gandong of Gwangjubuk-gu, according to one-lane from the ccarc street to the advanced two-lanes.

At the time, signal lights were installed on the front door and the crosswalk was installed, so the person engaged in the driver's duty of care to live the front door well, to pay attention to the safety of pedestrians, and to drive the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and caused bodily injury to the victim D (Woo, 54 years old) who passed the crosswalk in accordance with the pedestrian signal from the right side of the defendant's running direction to the left side of the stop signal, due to the shock of the front part of the defendant's vehicle, and caused bodily injury to the victim, such as a plehion 1, 2, and 3rd part of the upper part of the victim D (Woo, 54 years old), which requires about 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. The actual condition survey report;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant caused a traffic accident by gross negligence that the defendant is in violation of the duty to protect pedestrians in the signal and crosswalk, and the victim suffered a serious injury that requires medical treatment for about 12 weeks due to the above traffic accident. However, it is deemed that a strict punishment is necessary for the defendant. However, the defendant repents and reflects his mistake, the defendant is an initial offender who has no criminal record, the vehicle of the defendant was covered by a comprehensive insurance policy, and the victim also agrees with the victim in addition to the fact that the defendant was covered by a comprehensive insurance policy.

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