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(영문) 광주지방법원 2016.01.21 2015고단4116
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Csi.

On August 26, 2015, the Defendant driven the above taxi on August 12:00, and turned the front apartment 102, the 102nd apartment 102nd apartment Yon, which is located on the 68-ro, a 68-lane from the 102nd apartment Yon-gu, Gwangju Mine-gu, to the 3rd apartment Yon-gu.

In such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely driving the steering gear and brake system, such as accurately operating the steering gear in accordance with the new code.

Nevertheless, the Defendant neglected this and did not discover the victim D (V, 66 years old) who was a bicycle or a crosswalk in the front room by negligence in violation of the signal, and did not discover the front wheel part of the above bicycle, and shocked the front wheel part of the defendant's taxi.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as a thring of a pelle, thale, thale, thale, etc., which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the actual survey report, diagnosis report, and each photographic statute;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 3(2)1 of the proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents, since the victim, while walking along the crosswalk and towing the bicycle, he/she does not constitute “ pedestrians on the crosswalk.”

Therefore, Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents does not apply to Article 3(2)6.

Article 268 of the Criminal Act (Selection of Imprisonment without prison labor)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommended punishment according to the sentencing criteria: Traffic accidents in general for not more than 6 months of imprisonment without prison labor;

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