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(영문) 창원지방법원 2016.09.28 2016고단1983

교통사고처리특례법위반

Text

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

However, the execution of the above sentence 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 new car B, sod XD car.

On March 3, 2016, around 19:35, the Defendant came to go directly from the fung-ri-ri side of the Punghae-si to the 66-lane, a route from the 19:35, to the fung-ri side of the Punghae-si.

Since at night and there was no street at the site street at the time and the victim C(75) was prior to the same direction from the front side of the bicycle, the driver did not neglect his/her duty of care to accurately operate the front side and the steering gear and prevent the accident in advance, and did not discover the victim due to the negligence that he/she proceeded, and received the victim's rear wheels part of the victim's bicycle driving bicycle in front of the driver's car.

Ultimately, the Defendant caused the victim to suffer from an injury to blood transfusion by suffering from an injury to an unexplosive wound with no open one in the number of days of treatment by occupational negligence as seen above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, a survey report on actual condition, an accident vehicle and on-site photograph

1. Responses to requests for the analysis of traffic accidents;

1. Application of Acts and subordinate statutes to a written statement;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Where an injury occurs in the basic area (from April to one year) (in the case of a person who has been specially increased or mitigated) of the types of traffic accidents falling under the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines; and

2. The defendant should be punished strictly in that the victim of the accident of this case caused an injury corresponding to the plant human beings, but the defendant's mistake.