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(영문) 창원지방법원 2017.05.31 2016고단4101

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 low-priced car.

On November 7, 2016, the Defendant, at the window 09:05, was going to turn to the left on the side of the “feudal market,” while the Defendant continued to turn to the left on the side of the “feudal market,” while driving on the side of the “feudic in the 79-distance street intersection,” a regradon of the instant apartment.

In this case, the driver of the vehicle has a duty of care to prevent accidents by checking whether there is a pedestrian who well sees the front door and the right and the right, and driving safely and safely.

Nevertheless, the defendant did not discover the victim E (60) who was standing on the left side from the right side of the defendant's proceeding direction by negligence of neglecting the left-hand turn, and did not discover the victim E (60) and shocked the victim's left-hand part of the front part of the defendant's vehicle.

As a result, the Defendant caused the victim to suffer injury, such as “the opening frame of the outer reproduction (side reproduction)” which requires approximately 12 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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 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;

1. The basic area (from April to one year without prison labor) (any person who is in special sentencing) of the sentencing criteria [the scope of recommended punishment] and the basic traffic accident category 1 (the injury or injury caused by traffic accidents) shall not be included;

2. That if the defendant who was sentenced to a sentence receives an injury by shocking the victim who has walked the crosswalk while driving the cargo, the liability for the crime is not minor in light of the degree of the breach of the duty of care;

The degree of injury suffered by the victim is not easy.

However, the defendant reflects his fault in depth.