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(영문) 광주지방법원 2015.06.04 2015고단611
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 operation of Category C Drilled Motor Vehicle.

On January 29, 2015, the Defendant driven the said car at around 14:20, while driving it, is proceeding in the direction of other advisers from the LG chemical damage.

In the event of passing an intersection to a person who is engaged in driving of a motor vehicle, the driver of a motor vehicle has a duty of care to observe the crosswalk closely whether or not there is a person crossing the crosswalk and to prevent the accident by driving the motor vehicle in accordance with the signals, despite the fact that the driver has a duty of care to prevent the accident by driving it in advance, the defendant was negligent in entering the intersection after the electric traffic signal, etc. was changed to yellow, and the left-hand bridge part of the victim F (F, 10 years old) crossing the crosswalk from the direction of the

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the de facto survey report, diagnostic report, traffic accident evidence photograph, investigation report (survey of signal systems at the scene of the accident);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence based on the sentencing guidelines: Where the illegality in the proviso to Article 3 (2) of the Special Education Act is serious (where at least two proviso are applicable) in the basic area (from April to October): Type 1 of general traffic accident: In the case of imprisonment without prison labor for not less than April to October.

3. Determination of sentence: A person who is sentenced to imprisonment without prison labor for four months, and for two years of suspended execution, shall be deemed to have shocked pedestrians in violation of signals at crosswalks;

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