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(영문) 광주지방법원 목포지원 2015.05.08 2015고단302
교통사고처리특례법위반
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B at low price.

On February 9, 2014, the Defendant driven the said car at a speed of about 40 km per hour from the middle school to the galgalgrwegal zone in the front of the bus termination point, which is located in the calgrology of Sejong City on February 20, 2014.

At the time, it is night and there is a crosswalk in which signal lights are installed, so the driver of the motor vehicle has a duty of care to reduce the speed for the person engaged in driving the motor vehicle, to check whether there is a person to build the crosswalk by checking the front and signal well, and to safely proceed in accordance with the new code and prevent the accident in advance.

Nevertheless, the Defendant neglected this and went beyond the ground by neglecting the vehicle driving signal even though the vehicle driving signal was a stop signal, and due to the negligence in driving the crosswalk as it is, the Defendant did not find the victim C (W, 30 years old) who cross the crosswalk to the right side from the left side, and without finding the victim C (W, 30 years old) who cross the crosswalk to the right side of the victim.

As a result, the Defendant suffered injury, such as a scarfeing of chest spelf, in need of medical treatment for about 12 weeks, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of accident vehicles and field photographs;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Basic area, April to October (special mitigation: In cases where illegality is serious);

3. Determination of sentence; and

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