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(영문) 광주지방법원 2017.11.16 2017고단3983
교통사고처리특례법위반(치상)
Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a truck truck and freight truck vehicle in the C treatment 14 Tong.

On August 17, 2017, the Defendant driven the above cargo vehicle at around 07:40, and proceeded at the speed of one-lane, which is the front distance intersection in Gwangju Mine-gu D, from a long-way path to a monthly erogate.

At the same time, there are pedestrians crossing the road according to the pedestrian signals of the crosswalk along the intersection where signal, etc. is installed. In such a case, there was a duty of care to prevent accidents in advance, such as complying with the signal and thoroughly examining whether there is pedestrians on the crosswalk, by thoroughly examining whether or not there is pedestrians on the crosswalk.

Nevertheless, the Defendant neglected to stop the vehicle signal while entering the intersection as it is without stopping, and due to the negligence of neglecting the front of the road and neglecting the front of the road, and did not discover the victim F (15 years old) who cross the front of the road at the port from the right side of the pedestrian crossing to the port in the right side of the pedestrian crossing, and caused the victim to go beyond the road.

Ultimately, the Defendant suffered injury to the victim by negligence in the above business, such as cutting down the right satisfy, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. The actual survey report and on-site photographs;

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

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, 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, and the

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

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

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general traffic accidents;

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