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(영문) 광주지방법원 2019.05.30 2019고단981
교통사고처리특례법위반(치상)
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 a Bran XG car.

On March 7, 2019, the Defendant driven the above vehicle at around 16:10, and proceeded with the roads adjacent to the Seoul Northern-gu C apartment static door from the cultural shooting distance to the respective shooting distance.

Since there is a signal light and crosswalk installed, the defendant engaged in driving of the motor vehicle has a duty of care to observe the signal, protect pedestrians, see the right and the right and the right, and accurately manipulate the steering gear and prevent the accident from occurring.

Nevertheless, the defendant neglected this and followed the victim D (56 years old) who dried the crosswalk in accordance with the pedestrian green signals due to the negligence of proceeding red signals, which led to the front part of the defendant's vehicle.

The Defendant suffered injury to the victim due to such occupational negligence during approximately 10 weeks on the left-hand side of the 10-day medical treatment, such as abandonment and sacratation.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident statement of D;

1. The actual condition survey report;

1. A medical certificate;

1. Photographss of the accident site and CCTV images of the traffic information center;

1. The application of the relevant statutes to the results of reproduction of one CD for the incident video;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, considering the following favorable circumstances: (a) the violation of signal that caused the instant traffic accident, the violation of the duty to protect pedestrians in the crosswalks, and the Defendant’s negligence on the part of the victim, the degree of injury inflicted on the victim, as well as the degree of injury inflicted on the victim; (b) the Defendant’s vehicle is covered by comprehensive motor vehicle insurance; (c) additional agreement has been made with the victim; and (d) the Defendant

The ages of other defendants.

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