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(영문) 광주지방법원 순천지원 2016.08.10 2016고단852
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 a period of two years 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 wing and cargo vehicle B.

On May 1, 2016, the Defendant proceeded with a two-laned road of D in the 13:55 square meters at the right time from the side of the Emar church to the railroad playground, depending on the one-laned road of D in the 13:55 square meters.

At the same time, there was a crosswalk where a signal, etc. was not installed, so the person engaged in driving a motor vehicle had a duty of care to check whether there was a person who gets on the way to reduce the speed and to check the right and the right and the right and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to stand on the left side of the crosswalk due to his negligence and found the victim E (n, 13 years old) to be late, operated the Hand to avoid this, but did not avoid it to the left side, but did not go beyond the ground by taking the part on the right side of the said cargo on the right side of the said cargo.

Defendant 1 suffered injury to the victim, such as a thring of 8 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. On-site photographs, on-site photographs, and survey report on the actual condition of traffic accidents;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the type of determination] traffic accident in the general traffic accident, the element of mitigation [the person who is in charge of special sentencing] of Class 1 [the person who is in charge of special traffic accidents] of the area of mitigation of punishment [the scope of recommendation] [the scope of recommendation] mitigation [the person who is in charge of general sentencing] from January to August] [the person who is in charge of general sentencing] in the case of serious injury not being injured (the person who is in charge of general sentencing], and in the case falling under the proviso of Article 3(2) of the Act of the Special Cases to the school (the decision of sentence] in the case where

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