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(영문) 창원지방법원 통영지원 2016.04.20 2016고단131

교통사고처리특례법위반

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

Criminal facts

On January 11, 2016, the Defendant driving a BFD car at around 07:20, and driving the DFD car at around 07:20, and driving a three-lane road in front of D Hospital C at the Gyeongnam-si at the Gyeongnam-si, along one-lane in the right direction at the beginning of the beginning of the year, led to a U-turn again in the right direction at the beginning of the beginning of the year.

At all times, it is possible to make an internship only for the pedestrian signal or left-hand turn signal on the crosswalk, so in such cases, a person engaged in driving service has a duty of care to safely prevent accidents by checking whether a pedestrian signal or left-hand turn signal can be available for an internship.

However, the Defendant neglected such duty of care and neglected to make a U.S. car red signal, thereby making a U.S. tour, and thereby taking the front part of U.S. driver E (35 years old) driving in the direction of the beginning of the beginning in the direction of the math, the front part of the U.S. driver’s vehicle was the front part of the Defendant vehicle.

Ultimately, the defendant suffered approximately 10 weeks of pulverization, etc. from the victim in the above occupational course and the victim in the above occupational room.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each investigation report (medical certificate, signal system, victim's statement);

1. Application of statutes on site photographs;

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (from April to October) of the type of traffic accident (no person subject to special sentencing).

2. Determination of sentence - Determination of favorable circumstances: The fact that the insurance has been subscribed for a comprehensive insurance, and reflect on it;

- Unfavorable circumstances: The gross negligence caused by a traffic accident in violation of the signal, the degree of injury to the victim is relatively heavy, and the insurance is subscribed.