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(영문) 광주지방법원 2016.12.22 2016고단3187
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B with a vehicle.

On June 12, 2016, the Defendant driven the above vehicle at around 07:57, and led the three-lane road in front of the urban development construction apartment in the Seo-gu, Seo-gu, Seo-gu, Gwangju to proceed along one-lane from the direction of the World Cup stadium to the direction of the wind shooting distance.

Since there are crosswalks where signal lights are installed on the front door, in such a case, the person engaged in driving service had a duty of care to safely drive the crosswalk as well as to check whether there is a person who gets on the front door as the person engaged in driving service.

Nevertheless, the Defendant neglected this and neglected to proceed in contravention of the red signal and received the victim C (A, 62 years old) who has dried the crosswalk from the right side of the Defendant’s proceeding to the left side according to the pedestrian signal, as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the victim’s injury, such as blood transfusion, due to the above occupational negligence, at the left-hand side of the victim requiring six weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Application of the practical survey report, diagnosis report, accident photograph-related Acts and subordinate statutes;

1. Legal provisions applicable to the facts constituting an offense, and the grounds for sentencing under Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

1. Scope of the recommended sentence based on the sentencing guidelines: Where the illegality in the proviso (excluding subparagraph 8) of Article 3 (2) of the Special Education Act is serious (applicable to any cause of more than two provisos) in the category of general traffic accidents from August to two years by imprisonment without prison labor;

2. Determination of sentence: A person who violates a eight-month signal of a credit cooperative, and is grossly negligent by the defendant who violates the duty of pedestrian protection in the crosswalk;

The degree of injury of the victim is very serious.

The victim wanted to punish the defendant.

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