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(영문) 광주지방법원 2018.11.06 2018고단3452
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaging in driving a rocketing car.

On July 3, 2018, the Defendant driven the above car on July 3, 2018, and moved to the department store in the direction of Gwangjubuk-gu, Gambro 78.

Since there is a crosswalk without signal, in this case, the driver of the vehicle has a duty of care to check whether the driver of the vehicle well sees the front door and to build the crosswalk, and to drive the crosswalk safely.

Nevertheless, the defendant neglected this and got the victim C (the 79 years old) who cross the crosswalk from the right side of the vehicle to the left side by his negligence, and got the victim C (the 79 years old) to go beyond the floor.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the right to the right, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

1. Relevant 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 concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type] 1 of the Act on the Punishment of Traffic Accidents (person who is in charge of special sentencing] - The elements for mitigation of punishment: In the area of mitigation [the scope of recommendation] [the scope of recommendation] mitigation [the scope of general sentencing] from January to August ] of the area of mitigation [the scope of mitigation] - In the case of subscription to comprehensive automobile insurance - in the case of serious injury not injured among the factors of aggravation : (1) where there occurs serious injury not injured among them, or in other cases falling under the proviso of Article 3(2) of the Act on the Special Cases of the Asia [whether a suspended sentence has been suspended]. The reason for major consideration is not positive: In addition, if there is a negative reason: Article 3(2) of the Act on the Punishment of Traffic Accidents; the reason for general consideration:

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