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(영문) 광주지방법원 목포지원 2015.04.17 2015고단66
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car.

On January 6, 2015, the Defendant driven the said car at around 08:00, and led to the left turn to the lower left from the clutin apartment to the lower left.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who gets involved in driving a motor vehicle by reducing speed and by properly examining the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant proceeded without disregarding the change of vehicle progress signals to a stop signal and neglected to protect pedestrians in the crosswalk, and as part of the front part of the above vehicle that the Defendant driven by negligence, the Defendant opened the crosswalk to an indoor gymnas apartment room in the front part of the above vehicle, and got the victim C (n, 44 years old) to go beyond the road.

The Defendant caused the victim to suffer injury, such as the mouth of the right frame, which requires treatment for about eight weeks by negligence in the course of business as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as 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: Basic area, April to October (special mitigation: In cases where illegality is serious);

3. The decision of sentence and suspended sentence are recognized by the defendant and against his own negligence, and the victim is punished by the defendant in agreement with the victim.

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