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(영문) 창원지방법원 2016.09.29 2016고단2207

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 a carren vehicle.

On June 26, 2016, the Defendant driving the above vehicle at around 12:25, and driving the two lanes prior to the “E” located in Kimhae-si, Kim Jong-si, and driving the road at approximately 10km each hour at the speed of 10km from the chilling side to the chilling side.

At all times, crosswalks are installed on the front side, and the rest of the above crosswalks are installed with yellow-ray centering lines. Therefore, the driver of the vehicle has a duty of care to make a person engaged in driving the vehicle not to intrude the central line, such as going beyond the opposite lane through the crosswalks.

Nevertheless, the Defendant neglected to turn to the left on the left through the above crosswalk, and received the front part of the G Ga driving by the victim F (W, 46 years old) who was going to go in accordance with the new subparagraph, from the part facing the right side of the Defendant’s vehicle.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim’s salves that need to be treated for about 2 weeks, such as impairment of salves, and injury to the victim H (60) who was the salves, for about 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] General Traffic Accidents Type 1 (Bodily Injury resulting from Traffic Accidents) (one month or August) - Since there are other crimes in a commercial concurrent relationship, reference materials are used only as reference materials (including special mitigation persons), the non-exclusive penalty (including serious efforts to recover damage) [the decision of sentence] 6 months, and the imprisonment without labor.