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(영문) 창원지방법원 통영지원 2016.02.18 2015고단675

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 driver of the B-learning passenger car.

On May 19, 2015, around 17:00, the two-lanes in front of the large commercial building located in the Northern-dong, Young-si, Chungcheongnam-si, through two-lanes toward the direction of the new market from the adjoining high side of the earth.

At this point, pedestrian signal lights and crosswalks are installed, and people and vehicles are frequent.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle that drives the motor vehicle along the intersection by reducing speed and checking well the direction of the road, and to prevent the accident in advance by safely driving the motor vehicle in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed in violation of the signal while the signal is changed to the stop signal, and in the left left-hand left-hand side of the direction, the Defendant did not find the victim C (V, 8 years old) who fastens the crosswalk in accordance with the pedestrian name in the direction of the commercial building on the right-hand side, and did not sprink the victim's right-hand side in front of the left-hand side of the driver's vehicle.

As a result, the defendant suffered from the negligence in the course of his duties the frame, closure, and brain of the two structural frames that require approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to an investigation accusation (the confirmation of the victim's injury);

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act 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 for community service and lecture attendance order [the scope of recommended punishment] No person who does not exist in the basic area (4 to 10 months) of the first type of traffic accident (the injury caused by traffic accidents) [a person subject to special sentencing] (a decision subject to sentencing] (a decision subject to sentencing], and other circumstances, such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime.