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(영문) 창원지방법원 2016.03.29 2015고단3261

교통사고처리특례법위반

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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 vehicles C.

On September 28, 2015, around 06:50 on September 28, 2015, the Defendant left the intersection of the private distance in front of the E convenience store located in the Gu E-gu, Changwon-si, Seoul, at a speed of about 60km per hour, depending on the two-lanes of speed, from the luxle to the 3-lane square.

Since there is a private street crossing where signal lights are installed, there was a duty of care for a person engaged in driving of a motor vehicle to live well around the motor vehicle and to prevent accidents by safely driving according to the signals of signal apparatus.

Nevertheless, although the defendant neglected this and changed to a yellow signal prior to entering the intersection, he is negligent in driving the victim F(23 cm) who is proceeding to cross-section by three lanes from the left side of the direction of the defendant's proceeding to the right side of the victim F(23 cm) who is proceeding to cross-section from the three-lanes of the way in the direction of the defendant's proceeding.

As a result, the Defendant suffered injury to the victim, such as the bones of luminous bones and felinite flasing that require treatment for about six months due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A traffic accident statement prepared G;

1. Application of 1 of a survey report on actual condition and medical certificate to statutes;

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

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] In the area of special mitigation (one to six months) for the first type of traffic accidents (the special mitigation person] (one to six months), where there is considerable fault in the occurrence of traffic accidents or the expansion of damage even for the victim, the victim is not subject to punishment (including a serious effort to recover damage) (including a decision of sentence] [the decision of imprisonment without prison labor] five months, the suspension of execution one year (the victim is also at considerable negligence, agreement, etc.)