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(영문) 광주지방법원 2016.05.12 2016고단331
교통사고처리특례법위반
Text

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

2. 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;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a math car.

On December 19, 2015, the Defendant driven the above car at around 06:20 on December 19, 2015, and driven the four-lane road in front of the “D funeral ceremony” located in Gwangju North-gu C, Gwangju, along the two-lanes toward Gwangju IC.

At the time, it was difficult at night and there was a crosswalk where signal lights are installed on the front side, so in such a case, it was necessary to confirm whether a person engaged in driving of a motor vehicle is a person to reduce speed and to look well at it, and to safely drive the motor vehicle in accordance with the traffic signals and to prevent the accident in advance.

Nevertheless, the defendant neglected this and did not discover the victim E (A, 41 years of age) who cross the crosswalk from the right side of the defendant's proceeding to the left side according to the Mad pedestrian's signals due to the negligence of entering the crosswalk, which led to the defendant's failure to discover the victim E (A, 41 years of age).

As a result, the Defendant suffered injury to the victim, such as the amount of the left-hand leg and the pelle of the need to receive approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the actual survey report, diagnosis report, and each photographic statute;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended punishment according to the sentencing guidelines: Where illegality in the proviso to Article 3 (2) of the Act on the Special Cases of the Teaching Staff is serious (where at least two provisos are applicable) in the basic area, the punishment shall not be imposed in any case where the punishment is not imposed;

2. Determination of sentence: Imprisonment without prison labor;

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