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(영문) 광주지방법원 목포지원 2019.10.01 2019고단295
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 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 a motor vehicle in B.

On February 20, 2019, the Defendant driven the above vehicle on February 16:3, 2019, and driven the three-lane road in front of the C building at a wooden speed from the D market to the E market at an indefinite speed.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving service is a person to walk the crosswalk by reducing the speed and by properly examining the right and the right and the right of the road.

Nevertheless, the Defendant neglected to do so and went on as it is, thereby, received the victim F (the age of 85) who was standing the crosswalk from the right side of the Defendant's proceeding to the left side, as the front part of the Defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the indeption in detail between the 12 weeks period of medical treatment and the pelke-electronics in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate (F);

1. The application of Acts and subordinate statutes to report the occurrence of a traffic accident, traffic actual condition survey reports, relevant photographs, 112 reported case handling records, investigation reports related to the traffic accident, investigation reports (the confirmation of the black stay images of the reporter, etc.);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. Determination of sentence: Six months of imprisonment without prison labor, one year of suspended sentence, the primary offender, and the vehicle of the defendant's driver shall be integrated insurance;

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