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(영문) 창원지방법원 2016.11.11 2016고단2377

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 in Cmera.

At around 23:20 on January 28, 2016, the Defendant driven the above Omba, and got straight ahead of the Emba-do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do

At the time, the driver of a motor vehicle is at night and is getting off and off, and the driver of a motor vehicle has a duty of care to check whether there is a pedestrian crossing the road, and to prevent the accident in advance, despite the fact that there is a duty of care to prevent the accident, the defendant neglected it, while neglecting it, found the victim F (34 years old) who was crossing the road to the right side from the left side of the running direction of the motor vehicle, and caused the victim to go beyond the road.

After all, the Defendant suffered injury to the victim, such as knene kne kne kne kne kne kne kne kne kne kne kne.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

1. The actual condition survey report;

1. An accident site photograph;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents [Scope of Recommendation] shall be the basic area (the injury resulting from traffic accidents in April or one year); and

B. The crime of violation of the Resident Registration Act of the scope of recommending punishment according to the standards for handling multiple crimes is an offense for which the sentencing guidelines are not set. Thus, according to the standards for handling multiple crimes, the scope of final sentencing is at least four months, which is

2. Sentence;