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(영문) 광주지방법원 2015.10.22 2015고단2485
교통사고처리특례법위반
Text

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

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B car free car.

On July 2, 2015, the Defendant driven the above vehicle on July 2, 2015, and led the front road of the Green-ro Park, which is located on the 372 way independently of Gwangju Northern-gu, to the four-distance distance from the side of the industry of both countries.

Since there are crosswalks where signal lights are installed on the front door, there is a duty of care to confirm whether a person engaged in driving a motor vehicle has a way to reduce the speed and to see well the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code to prevent the accident in advance.

Nevertheless, due to the negligence of neglecting this, the Defendant got from the right side of the Defendant’s proceeding to the left side of the victim C (the age of 57) crossing the above crosswalk in accordance with the pedestrian signals from the pedestrian signals to the right side of the Defendant’s proceeding, and the victim D (the age of 50) left the left side of the victim D (the age of 50) were sent to the front side of the Defendant’s vehicle to go beyond the victims.

As a result, the Defendant suffered, by the above occupational negligence, the victim C suffers from approximately two weeks of gambling in the right side, which requires treatment, and the victim D suffers from a 2nd relative to the left side in need of approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the actual survey report, each photograph, and each diagnosis report;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reasoning for sentencing under Article 62-2 of the Social Service Order Act is as follows: (a) taking into account all the sentencing conditions shown in the instant pleadings, such as the defendant’s age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.

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