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(영문) 창원지방법원 통영지원 2018.04.12 2018고단156

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

On August 6, 2017, the Defendant, who is engaged in driving a B-learning car, was driving the said car at around 20:30 on August 6, 2017, and was moving to the central market on the road front of the D-cafeteria located in the territory of the National Bank.

At the time, there is a duty of care to safely drive the steering vehicle by checking whether there is any person who gets on a way by reducing the speed and by checking well the right and the right and the right of the driver at a night and at a crosswalk without signal at it, and by accurately operating the steering gear and the brake system.

Nevertheless, the defendant neglected this and did not accurately operate the operating system of the above vehicle, and caused the victim to wear the crosswalks from the left side of the defendant's moving direction to the right side of the victim E (the 27 years old and 27 years old) and F (the 27 years old) to go beyond the road.

Ultimately, the Defendant suffered from the injury of the victim E, such as the 4th brain pathy, etc., which requires treatment for about six months due to such occupational negligence, and the injury of the victim F, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A traffic accident occurrence report;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines of the Supreme Court shall be the basic area (from April to one year) of the type of traffic accident (the person causing a traffic accident).