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(영문) 창원지방법원 2018.06.29 2018고단1155

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

On April 10, 2018, the Defendant driven the above car at a speed of 20:25, and turned to the left at an insular speed, two lanes from the opposite side of the opposite road to that of the Sungsan-gu Office, Sungwon-si, Sungwon-si, Sungwon-si, 735 (Ssung-dong).

There is a duty of care to prevent accidents in advance by driving safely in accordance with traffic signals, since there is an intersection where signal, etc. is installed, the driver of the vehicle has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected this and instead received the left part of the victim D(61)’s left-hand side part of the E-to-hand car driving of the victim D(61) driving the said intersection from the direction of the tunnel to the e-motor vehicle by negligence when the left-hand turn-hand turn-hand turn-hand turn-hand signal.

Ultimately, the Defendant’s error in the above occupational negligence makes it clear that this part of the indictment is a clerical error due to mistake, and thus, the above correction is ex officio.

The victim suffered.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to cover an accident scene photograph, a black stuff image, a CD, a black stuff image

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

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

1. The sentencing criteria [Scope of recommending punishment] the area where the punishment is mitigated (referring to a person who is in special sentencing for eight months or less) of the types of general traffic accidents;

2. The defendant who has been driving a motor vehicle shall shock the damaged motor vehicle by negligence and turn left at the intersection in violation of the signal at the intersection while driving the motor vehicle.