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(영문) 광주지방법원 2017.10.31 2017고단3943
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving duties of K5 cars.

On June 11, 2017, the Defendant, around 08:45, proceeded at a speed that would not be known by the two-lanes depending on the central intersection of Gwangju metropolitan metropolitan area from the central intersection of the road.

At any time, there is a road on which a yellow on-and-off signal is installed, where pedestrians can walk the crosswalk at any time, such as a commercial building and a book, and in such a case, the driver of the motor vehicle has a duty of care to reduce the speed of the motor vehicle and to properly check the right and the right of the motor vehicle. On the other hand, the driver of the motor vehicle has a duty of care to temporarily stop in front of the crosswalk and prevent the accident in advance.

Nevertheless, when the defendant neglected to do so while driving on the front side by neglecting it, and the defendant found the victim E (67 cm) who crossed the above crosswalk to the port from the right side of the crosswalk and immediately embling it, but failed to avoid it, and led the victim to move on the road by taking the parts of the body of the victim as they are.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the head of a external wound, where there is no open address in the head of a family in need of approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Course of Education / [The type of traffic accident / [the person causing a traffic accident ] Class 1 of the ordinary traffic accident (the person causing a special sentencing / The person causing a traffic accident ] mitigated element: The mitigated area of punishment [the scope of recommendation] mitigated area [the scope of recommendation] from January to August [the person causing a general sentencing].

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