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(영문) 광주지방법원 2015.05.21 2015고단677
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B taxi.

On January 29, 2015, the Defendant driven the above vehicle at around 19:15, and driven the front distance of the commercial non-middle school located in the Seo-gu, Seo-gu, Gwangju along the two-lanes in the direction of Geum Lone Star in the direction of Geum-gu, Seo-gu.

Since there is an intersection in which traffic control is performed by the signals, the driver of the motor vehicle has a duty of care to drive the motor vehicle in accordance with the signals.

Nevertheless, by negligence in violation of the signal, the victim C(the age of 17) who walks on the crosswalk from the right-hand side to the left-hand side of the crosswalk signal was shocked by the front-hand part of the taxi driving by the defendant.

In the end, the victim suffered approximately 12 weeks from the negligence of such occupational negligence, such as acute pressure 2, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, an accident site photograph, a signal system map, and a medical certificate;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence based on the sentencing guidelines: Where the illegality in the proviso to Article 3 (2) of the Special School Regulations is more serious (where the illegality in the proviso to two or more provisos is more severe).

3. Determination of sentence: The fact that four months of imprisonment without prison labor for the suspension of execution, two years of the suspension of execution is joining the taxi mutual aid association, and that the full agreement with the victim is favorable.

However, the crime of this case is against the signal at the crosswalk.

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