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(영문) 광주지방법원 목포지원 2014.09.29 2014고단1138
교통사고처리특례법위반
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 ecoo vehicle B.

At around 05:50 on January 12, 2014, the Defendant driven the said car and driven the road front of the Myanmar Ropool in Yongposi Island along the three-lanes from the MabC side to the Mapopo National Science University.

Since a crosswalk is installed at a front door, in such a case, a person engaged in driving service has the duty of care to check whether there is a person who gets on a way to reduce the speed and to check the front door and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the Defendant neglected this and got the victim C (the 72 years of age) who was standing a crosswalk on the right side of the Defendant’s running direction as the front part of the above vehicle, and caused the victim to suffer bodily injury, such as cutting down the right side of the 10 weeks of treatment, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning criminal facts, 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 in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Reduction area, range to six months (a person who is subject to special mitigation: a person not subject to punishment);

3. Although there is a serious injury inflicted on the victim as to whether to determine the sentence or suspend the execution of sentence, the sentence against the defendant shall be determined within the scope of the sentencing criteria in consideration of the fact that the defendant has recognized and reflected his mistake, that the defendant has agreed with the victim, that the defendant has no record of criminal punishment after 202, that the defendant has no record of criminal punishment, the age, character and conduct

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