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(영문) 광주지방법원 2014.05.13 2014고단854
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 is engaged in driving of B 2 cargo vehicles.

On February 17, 2014, at around 06:50, the Defendant proceeded ahead of the 40 east-gu, Gwangju Northern-gu, by using one way way from the direction of the dong distance to the south line.

At that time, there was a signal apparatus and crosswalk installed, and at that time, pedestrians are crossing the pedestrian signal in the crosswalk, so in such a case, there was a duty of care to safely stop the vehicle driving person according to the new code.

Nevertheless, the Defendant neglected this and neglected to proceed in contravention of the signal, and led the Defendant to shock the right side side of the victim C (Woo, 73 years old) who was crossing the pedestrian signal from the left side of the running direction to the right side of the vehicle above.

Ultimately, the Defendant suffered injury to the victim, such as pressure 10 times pressure 12 weeks in need of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement (C);

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. causes a traffic accident by gross negligence that the defendant violated signal and violates the duty to protect pedestrians in the crosswalks, and the victim suffered a considerable injury that requires approximately twelve weeks of medical treatment due to the above traffic accident, it is necessary to punish the defendant strictly.

However, on the other hand, the defendant's mistake has been divided in depth, and the defendant's mistake has been reflected.

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