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(영문) 광주지방법원 2018.05.31 2018고단1290
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On March 27, 2018, the Defendant driving a c-wing truck at around 08:20 on March 27, 2018, and continued to drive the c-wing truck in front of the agricultural elementary school located in G-gu, Nam-gu, Gwangju. At this point, the Defendant was suffering from the injury of the victim D (8 years old) who opened the crosswalk pursuant to the 1/3 openness of the 16 week executive members in the right-side of the 16 weeks of expenses for the right-hand treatment, because it was the intersection where signal apparatus and crosswalks are installed in the vicinity of the Cheong-gu, Gwangju-gu, Gwangju-gu, and the elementary school students were attending the intersection at that time, which is a child protection zone, and due to the time when the elementary school students were attending the intersection, they did not neglect the duty of care to reduce the speed and safely drive the crosswalk and due to the negligence of entering the intersection due to the violation of the signal.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. A report on investigation (a statement made by a blind person);

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes to the site and accident vehicle photographs;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1, 6, and 11 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 on the suspended execution;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents / [Determination of Type] 1 (Special Sentencing) of the Act on Special Cases Concerning the Settlement of Traffic Accidents - In the case where illegality in the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Aggravations is serious [the scope of the recommended sentence] / [the scope of the recommended sentence] from April to one year [the scope of the recommended sentence] / there is no history of criminal punishment - In the case where there is serious injury other than an injury among the aggravated factors (determination of sentence] where there is no history of criminal punishment - Of the aggravated factors (determination of sentence] / The parts and degree of injury to the above sentencing persons and the victim’s age, etc.

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