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(영문) 창원지방법원 2014.12.09 2014고단2176

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On April 14, 2014, at around 17:20, the Defendant, who is engaged in driving Cracing the van, was driving the said van, and led to turn to the left at a speed of 20km from the side of Cracing Elementary School at the 3rd of Crac-si, the private distance intersection in the vicinity of Crac-si, Kimhae-si.

Since the location is a blind distance where signal lights and crosswalks are installed, there was a duty of care to prevent accidents by properly examining whether a person engaged in driving a motor vehicle is using a crosswalk according to the new code.

Nevertheless, the Defendant neglected to do so and went beyond the floor by taking the victim D (the age of 66) who walked on the right side of the crosswalk in accordance with the green etc. of the marina, which was going to the left side of the crosswalk, into the front part of the knife of the above defendant's knife.

Ultimately, the Defendant suffered injury to the victim, such as the upper end of the upper end of the six weeks left-hand body in need of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations based on the sentencing criteria - The basic area causing traffic accidents: April to October of credit cooperatives; and

2. Circumstances taking into account - A favorable circumstances: reflectivity, absence of criminal records, non-prosecution of punishment - the degree of injury of the victim - Other factors of sentencing specified in the records of this case, such as the defendant's age, character and conduct, health conditions, home environment, motive, means, consequence, circumstances after the crime, etc., shall be considered.