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(영문) 광주지방법원 2013.05.31 2013고단1645
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 a B M& car.

At around 21:50 on February 8, 2013, the Defendant proceeded at a speed of about 40km each hour from the south side of the 'boomk', which is located in the Sungbuk-do, Sungbuk-do, Sung-si.

At the time, it was difficult to secure the view at night, and it was installed at a crosswalk without signal lights at the front door, so in such a case, there was a duty of care to check whether there is a person who gets on the way to reduce speed and see well the right and the right and the right of the driver and to drive safely.

Nevertheless, when the defendant drives the vehicle by negligence while neglecting this, the defendant received the victim C (the 72 years of age) who passed the above crosswalk from the right side of the vehicle running on the left side, from the front part of the above vehicle, to go beyond the floor.

Ultimately, the Defendant suffered approximately 11 weeks from the above occupational negligence on the part of both sides, which require medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Considerations such as the fact that vehicles of the accused are covered by a comprehensive insurance, that the accused agreed with the victim, and that the accused has no same criminal record);

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