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(영문) 광주지방법원 순천지원 2015.04.28 2015고단115
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that 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 car at a Co., Ltd.

On December 9, 2014, the Defendant driven the above car at around 18:41 on December 18, 2014, and led the three-lanes in front of the dead forest death school at the radio zone, which led to the elevation of the dead ginseng distance from the radio zone.

Since there is a road on which signal lights and crosswalks are installed, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the signal lights and pedestrians by checking the safety of the signal lights and whether they are pedestrians, and by checking the front well.

Nevertheless, the Defendant neglected the above duty of care and proceeded with the red signal, and caused the victim D (the age of 48) walking on the front side of the road at the right side of the Defendant’s car driving direction from the front side of the car driving direction to the right side of the Defendant’s vehicle and the front side of the Defendant’s vehicle.

As a result, the defendant suffered injury such as mination of 5 Gain on the left-hand side, which requires about 8 weeks of treatment by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements and medical certificates of D;

1. Reports on traffic accidents, the actual condition survey report, and on-site photographs;

1. Application of the Acts and subordinate statutes of the agency verifying subscription;

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] of the grounds for the sentencing [the grounds for the suspended sentence] of the general traffic accident (the scope of recommendation] of the basic area (including special mitigation) (4 to 10 months) / Where the illegality in the proviso of Article 3(2) of the Specialized School Act is serious (the decision of sentence] of the suspended sentence in 6 months (the decision of the suspended sentence is favorable for 2 years in 6 months): The defendant is aged, the victim is not subject to punishment by mutual consent with the victim, and the defendant is against the law.

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