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(영문) 광주지방법원 2014.05.13 2014고단409
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

The defendant is a person who is engaged in driving a B M& car.

On January 21, 2014, the Defendant driven the above car at around 00:05, and made a turn to the left at the 776-distance intersection from Gwangju North-gu, Gwangju Northern-gu.

At the time, it is an intersection where the signal at night is installed, and since the pedestrian signal at the crosswalk in the vicinity of the intersection is operated in connection with the intersection, the driver of the vehicle has a duty of care to safely drive the vehicle in accordance with the signals.

Nevertheless, the defendant neglected this and caused the damage to the road by shocking the right side of the victim C(48 years of age) who walked along the pedestrian signal at the crosswalk near the intersection due to the negligence of the left left turn.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the side rupture in the right slot, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement-victim (C);

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. In light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. causes a traffic accident by gross negligence that the defendant violated signal and violates the duty to protect pedestrians in the crosswalks, and the victim suffers a serious injury that requires approximately six weeks of medical treatment due to the above traffic accident, it is necessary to punish the defendant strictly.

However, on the other hand, the defendant's mistake is often divided and reflected in his own mistake.

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