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(영문) 창원지방법원 통영지원 2013.10.24 2013고단686

교통사고처리특례법위반

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

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

On December 1, 2012, the Defendant driven the above vehicle at the speed of 17:40 on December 1, 2012, and led the Defendant to drive the above vehicle at the speed of 5:0,000, one way from the right side of the front side of the luxle rail, along the right side of the lower side.

At the time, there was a duty of care to prevent accidents by reducing speed for a person engaged in driving of a motor vehicle, and by checking whether there is a person who gets on the right and the right of the motor vehicle, and by checking whether there is a person who gets on the right and right of the motor vehicle.

Nevertheless, the defendant neglected to do so and neglected to neglect it and caused the victim D (the 77 years old) who crosses the road to the right side from the left side of the running direction of the defendant to go beyond the ground by taking the front part of the vehicle driving by the defendant.

As a result, the Defendant suffered serious injury, such as the left-hand flasium, non-flasium pulmatization of flasium and flasium, so that the victims need to receive approximately twenty (20) weeks of medical treatment due to the above occupational negligence, and permanent obstacles may arise on the part of the drilling and satisfaction.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to a medical statement (whether serious injury) and a medical certificate of residual disability;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the Defendant is recommended to imprisonment without prison labor for one to six months (the following sentencing guidelines). (Recognizing that the victim is disadvantageous to the Defendant, as a special mitigation factor, where the victim has been negligent in causing a traffic accident, and where the victim is not subject to punishment, as a special mitigation factor, “where the victim has been negligent in causing a traffic accident”, “where the victim is not subject to punishment,” and “where the victim suffers a serious injury.”