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(영문) 광주지방법원 2019.02.19 2018고단5287
교통사고처리특례법위반(치상)
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 becomes final and conclusive.

Reasons

Punishment of the crime

On November 20, 2018, the Defendant driven a Newcom X-D car on the front side of the said car, and went into the front side of the said car, along with the two-lane of the road near the boundary of the Dian University located in Gwangju Dong-gu, Gwangju, the Defendant’s duty of care to safely drive the car, such as complying with the signal, and neglected the duty of care to safely drive the car, and caused the Defendant’s injury to the victim E (22 years old) (around November 20, 2018) who was standing on the left side of the said car due to the failure to follow the signal, thereby neglecting the duty of care to safely drive the car, resulting in the Defendant’s injury, such as the closure of the lower executive in the left side of the said car requiring a treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Copy of the E statement;

1. On-site and vehicle photographs;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of Punishment] traffic accidents in general traffic [Attachment of Punishment] - In cases where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Aggravations is serious (a signal violation and crosswalk accident] [the scope of recommendation area] / [the scope of recommendation area] four months to one year [the scope of general person] - The same criminal record [decision of sentence] that does not constitute a repeated offense in cases where serious factors are aggravated, the above sentencing factors and the defendant recognize their mistake, and there are no records of criminal punishment other than the above criminal record.

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