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(영문) 광주지방법원 목포지원 2015.04.13 2015고단124
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 B-man car.

On November 7, 2014, the Defendant driven the said car at around 08:04, and proceeded in the speed of about 80km from the 3rd eth eth eth eth eth eth eth eth eth eth eth eth eth eth g eth eth eth eth eth eth eth eth eth eth e

Since there is a front of the crosswalk where signal lights are installed, there was a duty to safely drive the vehicle to prevent accidents in advance by driving the vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and found the victim C (the 9-year old) who was standing on the crosswalk without permission due to negligence while driving the crosswalk while the vehicle signal was yellow, and operated the crosswalk rapidly, but the Defendant was faced with the victim due to the front driver's vehicle driving.

Ultimately, the Defendant suffered injury to the victim, such as leaving the right frame and cutting the aggregate, for about eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and the evidence and photographs of traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

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 shall not be subject to punishment);

3. Although the decision of sentence or suspension of execution is not minor, the sentencing criteria shall be set in consideration of the fact that the defendant recognizes and reflects his fault, that the defendant has no record of criminal punishment exceeding the fine, that the defendant has no record of criminal punishment, the age, character and conduct, family relationship, etc. of the defendant;

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