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(영문) 창원지방법원 밀양지원 2019.06.20 2019고단152

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for two years 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 BM3 car.

On February 22, 2019, the Defendant proceeded along two-lanes from the parallel distance to the parallel viewing of the three-lane road in front of the D High School C, Syang-si around 10:15.

Since there is a crosswalk where a signal, etc. is installed, in such cases, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to see well the right and the right and the right and the right and the right and the duty of care to drive safely according to the new code.

Nevertheless, when the defendant neglected this and proceeded without neglecting that the vehicle progress signal is changed to the stop signal, the victim E (the age of 19) who dried the crosswalk from the right side of the defendant's running direction to the left side of the crosswalk was shocked by the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body body body felbs, which requires approximately 11 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report and an investigation report (limited to the attachment of CDs, such as CCTV images at the scene of an accident);

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [the determination of types] according to the sentencing guidelines for traffic accidents: General traffic accident [the category 1] and the injury [the special person] mitigated element of traffic accident: The aggravated element of punishment (including serious efforts to recover the damage): Where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or in the case of abnormal driving, the recommended element; and