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(영문) 광주지방법원 2017.07.13 2017고단712
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a C Poter cargo vehicle.

On January 11, 2017, the Defendant driving the above cargo vehicle around 17:55, and led the front road in Gwangju Seo-gu to the Public Health and Environment Research Institute on the white day.

On the front of that place, there was a crosswalk where signal lights are installed, so as to confirm whether a person engaged in driving of a motor vehicle is a person driving the motor vehicle by checking well the front door, and there was a duty of care to prevent accidents by driving the motor vehicle safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected to do so and neglected to do so and proceeds in contravention of the signal, and went beyond the road by obtaining the victim F (74 3) crossing the crosswalk from the right side of the cargo vehicle to the left side of the crosswalk in accordance with the pedestrian signals.

Ultimately, the Defendant suffered injury to the victim, such as a cage cage cage at the left-hand side in need of approximately five weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G and H;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of CCTV-cape Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Traffic Accidents / [The type of traffic accident] Class 1 of the General Traffic Accidents (the injury or injury caused by a traffic accident) - In cases where the illegality of Article 3(2) proviso (excluding subparagraph 8) of the Act is serious [the scope of the recommended sentence] / [the scope of the recommended sentence] 8 months to 2 years [the general person subject to sentencing] - The mitigated element - The comprehensive motor vehicle insurance policy - the case where a serious injury, other than a serious injury, occurs / the main reason for suspension of execution]:

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