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(영문) 광주지방법원 2016.03.10 2015고단4802
교통사고처리특례법위반
Text

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

However, 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 Cone Star Co., Ltd.

On July 2, 2015, the Defendant driven the above 00:36, and proceeded at a speed of about 46 km/h/h of speed, using two lanes between the four-lanes on the north-gu in Gwangju metropolitan city and the two-lanes on the north-gu in Gwangju metropolitan city.

Since there is a crosswalk where a signal apparatus is installed, there was a duty of care to safely drive a motor vehicle in accordance with the new code after checking whether a person engaged in driving the motor vehicle temporarily stops or drives the motor vehicle while driving the motor vehicle along the crosswalk.

Nevertheless, due to the negligence of neglecting this, the Defendant got the victim F(48) who crosses the crosswalk to the right side from the left side of the Defendant’s proceeding direction to the front part of the Defendant’s car.

Ultimately, the Defendant caused the victim by negligence in the course of performing the above duties to suffer injury to the victim, such as blood transfusion under the part of the external trauma, which does not have a head open in need of approximately 20 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of G;

1. A survey report on actual conditions;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. Scope of the recommended punishment according to the sentencing guidelines: Where the basic area (including April to October) (including special mitigation) in the category of traffic accidents) (special mitigation) is not subject to punishment (including serious efforts to recover damage) / Where illegality in the proviso to Article 3 (2) of the Act on the Special Cases of Class III of the School is serious.

3. Determination of sentence: Eight months and amount of imprisonment without prison labor;

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