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(영문) 창원지방법원 2016.08.25 2015고단3425

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a dump truck.

On July 21, 2015, the Defendant driven the above truck around 18:30 on July 21, 2015, and moved back the front of the 119 Safety Center located in Jin-gu, Jin-si, Jin-si, Jin-si to the Jin-si city from the direction.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in the driving of a motor vehicle has a road by reducing the speed of the person engaged in the driving of the motor vehicle and by properly examining the right and the right and the right of the person, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and caused the victim to go over to the road with the front wheel part of the victim E (8 tax) who walked to the parallel from the 119 Safety Center to the direction of the pedestrian walk by the negligence of bypassing the bicycle as it is, and walked to the direction of the above truck.

Ultimately, the Defendant suffered injury to the victim, such as a flaging to the right side in need of approximately 14 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of the F;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommended punishment] Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing [the scope of recommended punishment] In general traffic accidents, the sentence shall be imposed by comprehensively taking into account the following factors: (a) the mitigation area (one month to six months); (b) the reduction area (including a person specially mitigated); (c) the imprisonment without prison labor for five months; (d) the suspension of execution (including a serious effort to recover from damage); (e) the background of an accident, degree of injury; (e) the degree of injury; (g) the degree of agreement; (d) the fact that