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(영문) 광주지방법원 2015.10.22 2015고단2770
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a BM5 vehicle.

On May 9, 2015, the Defendant driven the above car at a speed of 20:25, and turned to the left at a speed below the speed of the Si-high speed, from the gambrost of the gambrost in Gwangju-dong city to the gambrost of the gambrost of the gambrost.

It is a private intersection where signal lights are installed, and there are many people's passage to an apartment densely-populated area. Therefore, a person engaged in driving service has a duty of care to safely drive in accordance with the good faith while looking at the front left well.

Nevertheless, the Defendant neglected to make a left-hand turn in violation of the signal, and followed the part of the victim C(75 years of age) who walked along the crosswalk in accordance with the pedestrian driving signal from the left-hand side of the course of the course by negligence when he proceeded as is, and taken the part of the victim C(75 years of age) who walked along the crosswalk in accordance with the pedestrian driving signal, and suffered approximately six weeks of the above victim's external traumas where there is no open address for treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended sentence based on the sentencing guidelines: Where the basic area (including persons who have been specially mitigated) (including those who have been specially mitigated) of types 1 of general traffic accidents (the scope of recommending punishment) / Cases where the illegality in the proviso to Article 3 (2) of the Special School Regulations is heavy.

3. Determination of sentence: Four months of imprisonment without prison labor, one year of suspended execution, the defendant violates the signal, and shocking the victim who has dried the crosswalk, and is of gross negligence.

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