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(영문) 광주지방법원 2017.03.16 2016고단5713
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment 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.

around 22:10 on November 13, 2016, the Defendant driven the roads front of the post office in Seocheon-dong, Seocheon-dong, Seocheon-gu, Seocheon-gu, Gwangju, and led to the two-lanes from the luminous elementary school to the Seopo-gu University from the luminous elementary school.

At the time, there was a rain at night, and the location was where the crosswalk without signal, etc. was installed. In such a case, the driver of the motor vehicle had a duty of care to check whether there was a person driving the motor vehicle, and to check the front, rear, left, and well, to accurately manipulate the steering gear, to prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not properly ascertain whether or not there is a person to fasten the crosswalk, and went beyond the body part of the victim C (W, 49 years old) who was standing the crosswalk due to the negligence on the part of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as return of a pelto, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A survey report on actual conditions;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Traffic Accidents [the scope of recommendations] The area of mitigation (one to eight months), the area of mitigation (including a person who has been specially mitigated), the area of punishment not for punishment (including a serious effort to recover damage) [the decision of sentence] the imprisonment without prison labor for five months and the year of suspended execution;

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