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(영문) 광주지방법원 2013.10.07 2013고단4127
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On July 26, 2013, the Defendant was a person who is engaged in driving a two-wheeled motor vehicle B, and was driving the two-laned two-lanes in front of the Jinsung apartment in the Seo-dong, Seo-gu, Gwangju, and was driving the two-laned two-lanes in front of the Jinsung apartment in the Seo-dong, Seo-gu, Gwangju.

At the time, signal lights and crosswalks are installed on the front side of the defendant at the time, and the signal lights, etc. of the horse be stopped in red, and the victim C (V, 70 years of age) is towing the hand, and the above crosswalk is opened. Therefore, the defendant engaged in driving service has a duty of care to stop according to the stop signal and make the victim safely cross the crosswalk.

Nevertheless, the Defendant neglected the above duty of care and neglected to proceed with the stop signal, and caused the victim to go beyond the road by shocking the front part of the Defendant’s two-wheeled automobile, thereby causing the victim to suffer from the injury of the chest pressure frame No. 11, which requires the victim’s treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C Preparation and statement on the occurrence of a traffic accident;

1. Application of each of the Acts and subordinate statutes stated in the actual condition survey report and diagnosis report;

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. The reasons for sentencing under Article 62-2 of the Criminal Act, and the injury suffered by the victim are not small. However, in light of the fact that the defendant can be compensated for damage because he/she has bought liability insurance, and that the defendant reflects the nature of the defendant, the punishment shall be determined as set forth in the text;

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