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(영문) 광주지방법원 목포지원 2015.11.10 2015고단1220
교통사고처리특례법위반
Text

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

except that 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

The defendant is a person who is engaged in driving of CM3 motor vehicles.

On August 26, 2015, the Defendant driven the above car on August 21, 2012, and proceeded in the front way of E in Fapo City D at the lower public health clinic, using E1 LPG charging surface from the lower public health clinic to the lower public health clinic.

At the time, the crosswalk was installed at night, and it was front of the private street crossing, and the yellow flickering signal was occupied on the front side, so the person engaged in the driving of the motor vehicle was well aware of the front side and the right and the right of the motor vehicle, and in particular, there was a duty of care to safely drive the motor vehicle by examining whether there is a person crossing the crosswalk.

Nevertheless, the Defendant neglected this and did not discover the victim F (the age of 56) who was crossinged along the crosswalk and did not proceed as it is, by negligence, received the left-hand bridge of the victim by the Defendant’s vehicle front part.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the franchising of the left-hand body, which requires approximately 16 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Reduction area and for not more than six months (Special mitigationist: Disapproval of punishment);

3. The decision of sentencing appears to have recognized and reflected his mistake, the victim does not want the punishment of the defendant because of the agreement with the victim, the fact that the defendant had no past record of criminal punishment, and other age, character and conduct of the defendant.

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