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(영문) 창원지방법원 2017.02.10 2016고단3908

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 Patom car.

On October 20, 2016, the Defendant made a left-hand turn to the right-hand left-hand turn on the front side of the Blulue apartment zone, which is located in the 23-ro, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul.

Since pedestrian signal, etc. is installed on the front side of the road at the crosswalk, in such a case, the driver of the vehicle confirmed whether the driver of the vehicle has a pedestrian, by reducing the speed of the road, and by accurately operating the steering gear and the steering gear, thereby accurately manipulatinging the steering gear, thereby preventing the accident, while neglecting the duty of care to prevent the accident, and making the victim C (46 years old) who dried away from the left side of the road to the left side of the driving direction due to the negligence of neglecting it and driving the crosswalk to turn left by the driver of the vehicle at the right side of the vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the injury to the left-hand body, such as the mouth flasing and the mouth flasing, which requires approximately nine weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, on-site investigation report, on-site photographs, and photographs of black stuffs;

1. Report on internal investigation (C telephone investigation);

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. 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 limited to the area where the reduction area (one month to eight months) is mitigated (the person who has been specially mitigated).

2. In making a decision on the sentence unprotected left turn, pedestrians shall reach the crosswalk because there are many cases where pedestrians’ signals are linked in the area where the left turn is installed;