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(영문) 광주지방법원 순천지원 2015.03.06 2014고단2134
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a Cart-based car.

On October 20, 2014, the Defendant driven the above car on October 20, 2014, and proceeded with one lane from the Egal-bal-line off to the offside of the vice consul distance to the offside of the female viewing.

Since the front door is a road on which a crosswalk is installed, the driver of the motor vehicle has a duty of care to reduce the speed as a driver of the motor vehicle, verify the existence of a pedestrian, and safely drive the front door in a safe manner to prevent the accident in advance.

Nevertheless, the Defendant neglected to perform the above duty of care and took part of the victim F (the age 46) walking on the left side from the right side of the Defendant’s car driving in the front side of the Defendant’s car at the front side by negligence.

In the end, the Defendant suffered injury to the return of aggregate that requires approximately 12 weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on the occurrence of a traffic accident;

1. The actual condition of traffic accidents;

1. An accident site photograph;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] Article 62-2 of the Criminal Act: (a) No person who does not have the basic sphere (in April to October) of the first category of traffic accident (in the event of traffic accident), [decision of sentence] [decision of sentence] 6 months, suspended sentence 2 years, and traffic accident in the case of this case involving participation in compliance driving lecture for 40 hours; (b) the degree of fault of the defendant is relatively large.

However, it is difficult for the defendant to reflect the crime of this case with no previous criminal record, and deposit five million won for the victim, even though it is difficult for the defendant to commit the crime of this case.

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