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(영문) 창원지방법원 진주지원 2014.06.24 2014고단398

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 12, 2014, the Defendant driven the above car at around 17:15, and came to the speed of about 20 km in front of the above branch office at the office in the South-west Sea, South-west, South-west, South-west, South-west, South-west, Korea.

Since a crosswalk is installed, in such a case, a person engaged in driving service has a duty of care to check whether there is a person standing the crosswalk, to check whether there is a person standing the crosswalk, and to safely drive the crosswalk in order to prevent accidents in advance.

Nevertheless, the defendant neglected to enter the road as it is, and caused the negligence of entering the road, and caused the victim C(72 years of age) to face the right bridge of the victim C(72 years of age) who walked the crosswalk.

As a result, the Defendant suffered injury, such as rain, burgical laver, burging, and burgization laver, from the victim’s occupational negligence for about twenty (20) weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. C’s statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

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

1. The degree of injury to the victim for the reason of sentencing under Article 62-2 of the Criminal Act is more severe, while the defendant has already been punished two times due to drinking driving, there are unfavorable circumstances such as the defendant's history of having already been punished, on the other hand, the defendant's crime is committed, and relief measures are taken immediately after the accident occurred by promptly sending the victim to the hospital, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and it is agreed with the victim.