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(영문) 광주지방법원 2017.11.30 2017고단4875
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence shall be suspended for a period of 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 of a motor vehicle B, C, and C.

On August 30, 2017, the Defendant driven the above cargo vehicle around 08:20 on August 30, 2017, and led the Defendant to drive the above cargo vehicle into a waterside area in accordance with the first five-lane of the 7th apartment zone, an advanced apartment in 673-5, located in the Gwangju Mine-gu.

In this case, the driver of a vehicle has a duty of care to observe the speed limit and prevent the accident in advance by checking well the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and tried the victim C (14) who was a victim of the above crosswalk which was dried on the upper crosswalk in the front of the car driven by the Defendant, on the part of the front part of the car driven by the Defendant, and caused the victim to move the bicycle on the road, on the other hand, by neglecting the speed of 20 km or more at a speed exceeding 87 km.

Ultimately, the Defendant suffered injury, such as the diversification of cage cages that require approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A traffic accident occurrence report;

1. On-site photographs;

1. A survey report on actual conditions;

1. Comprehensive traffic accident analysis report;

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

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

1. In light of the reasoning for sentencing under Article 62(1) of the Act on the Suspension of Execution, the Defendant is responsible for a crime in light of the fact that the Defendant violated speed and suffered an injury that is not less vulnerable to the victim. However, considering the fact that the Defendant reflects the crime, the Defendant’s negligence of crossinging the crosswalk without permission using red signals is very serious, and the Defendant’s age and age.

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