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(영문) 광주지방법원 2015.08.13 2015고단1468
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2015, the Defendant was driving C cargo vehicles around 12:19, and was going to turn to the left in the direction of south, Scheon-gun, Young-gu while driving ahead of the mine terminal market in Young-gu, Young-gu, Young-gu, Young-gu.

Since there is a place in which a crosswalk is installed, a driver driving a vehicle is obliged to reduce the speed of the vehicle, and if a pedestrian passes the crosswalk, he is obliged to temporarily stop the vehicle and prevent the accident in advance. However, even though there is a duty of care to temporarily stop the vehicle, and even if there is a pedestrian who gets on the crosswalk, the defendant continued the vehicle without examining whether or not there is a pedestrian who gets on the crosswalk, and thereby, the victim D (the age of 52)’s left side of the crosswalk is shocked into the left part of the said cargo, and the victim suffers a confluence in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on community service and lecture attendance [the grounds for sentencing] Article 62-2 of the Act on the Punishment of Traffic Accidents (the scope of recommendations] No person who has no basic area (four months or ten months) [the decision of sentence] [the defendant has no criminal records of the same kind and suspended execution]. The victim did not agree with the defendant, but did not have any criminal records of the same kind and suspended execution. The victim received medical expenses of 2,721,250, agreed amount of 35,000,000 won from a comprehensive motor vehicle insurance company which has subscribed to the instant Maritime Vehicle, and all other circumstances, including the defendant's age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc., shall be

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