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(영문) 광주지방법원 2017.12.21 2017고단4740
교통사고처리특례법위반(치상)
Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle Class D.

On August 10, 2017, the Defendant driving the above vehicle around 12:10, and led to turn to the left at the vicinity of the intersection while driving the road near the front intersection in Gwangju Dong-gu in the direction of the UN E in the direction of the UN Neasma.

Since there are many pedestrians around the commercial building where no signal, etc. is installed, in such a case, the driver of the motor vehicle has a duty of care to properly operate the steering system and the brake system and operate it safely.

Nevertheless, the Defendant neglected this and neglected to turn to the left and proceeded to the left, and caused the part of the Defendant’s driver’s vehicle to go to the ground in front of the left side of the Defendant’s driver’s vehicle, which is the front side of the Defendant’s drive, to go beyond the ground by taking the body side of the Victim G (V, 65 years old) crossing the road on the left side of the Defendant’s driving direction.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during the 12 week period of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G (H);

1. The actual survey report and photographs related to each traffic accident;

1. Blue video data and CCTV image data;

1. Medical certificates and opinions;

1. A letter of commission (whether it has injured any person during commission);

1. Application of Acts and subordinate statutes to report internal death (Notification of the current status of a victim);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the basic area (from April to one year) of the type of traffic accident (the person who has been specially mitigated).

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