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(영문) 창원지방법원 밀양지원 2016.11.30 2016고단389

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving service of B 100CCW S100R.

At around 13:30 on July 10, 2016, the Defendant driven the above Oba, and proceeded one way in front of the D cafeteria located in Gyeong-gun C, not in the south of the Republic of Korea.

It was a road on which a crosswalk is installed, and there were pedestrians including victims E (V) in the vicinity of the crosswalk, so there was a duty of care to reduce sufficient speed to prevent a collision with pedestrians when they cross the road.

Nevertheless, the defendant did not find out the victim who had a crosswalk on the left side from the right side of the bend of the bend of the bend of the bend of the bend of the road due to the occupational negligence in progress without neglecting the bend of the bend of the bend of the bend of the bend of the road.

As a result, the Defendant suffered from an injury to the victim, such as an acute climatic climatic clisome that requires at least 10 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) and 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria [Determination of Type] General Traffic Accidents in Type 1 (Determination of the Sentencing), Basic Field [Determination of the Sentencing] [Scope of Recommendation] from April to one year (general person] of imprisonment without prison labor] - Cases where serious injury, other than serious injury of aggravated factors, occurs (one type), and other cases falling under the proviso of Article 3(2) of the Special School Regulations (whether suspended of execution of sentence] - Reasons for general reference: negative others.