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(영문) 광주지방법원 2018.08.23 2018고단2629
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 May 11, 2018, the Defendant driven B rocketing car on May 11, 2018, and proceeded to turn to the left from the front side of the DD press located in Gwangju Nam-gu to the front side of the deaf elementary school at the end of the monthly middle school. Since there is a crosswalk installed without a signal apparatus for pedestrians, the Defendant neglected the duty of care to safely drive the road by checking the front side and the right and the right and the right and the right and the right and whether there is a pedestrian, and caused the victim E (69 years old, female) who walked to the left from the right side of the running direction of the said vehicle by failing to perform the duty of care to safely drive, such as checking whether there is a pedestrian, but by failing to perform the duty of care to safely drive, the Defendant sustained the victim E (69 years old, female) who walked to the left part of the front part of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. On-site photographs of each accident;

1. A copy of a medical certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant 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 Cases Concerning 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 to eight months] / there is no criminal punishment for an aggravated element - No criminal punishment for an aggravated element - Cases falling under the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents / [Determination of sentence] above sentencing factors and degree of violation of the duty of care by the defendant, etc.

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