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(영문) 광주지방법원 2017.04.13 2016고단4792
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 from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On October 25, 2016, the Defendant driven the above car at around 03:35, and came to the 171 sub-road intersection in the 171st century in Gwangju Northern-gu, Gwangju, and came to turn to the left at an irregular speed after entering the said intersection in accordance with the first two-lanes between the three-lanes, and then making the turn to the left at an irregular speed.

However, since there is a signal apparatus installed, and there is a crosswalk where signal lights are installed in excess of the intersection, a driver engaged in driving service has a duty of care, such as making a person engaged in driving service drive according to the new code and temporarily stop on the crosswalk with a safety distance so that pedestrians can safely cross the crosswalk.

Nevertheless, the Defendant neglected such duty of care and went to the left at the right side of the new road by disregarding the stop signal, entering the said intersection, and going to the left at the right side of the new road, and the Defendant did not find the victim D(53 years old) on the left side of the crosswalk installed at the right side of the road in the direction of the walking, and received the victim’s left side bridge with the front part of the car driven by the Defendant.

Ultimately, the Defendant suffered from the victim’s occupational negligence as above, “damage to the side fluoral fluor,” which requires approximately six weeks of medical treatment, to the left side fluor.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. All photographs of the skin vehicle;

1. Written statements prepared in D;

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, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

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

1. The defendant's reasons for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures shall violate the signal and pedestrians on the crosswalk.

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