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(영문) 창원지방법원 진주지원 2018.01.30 2017고단1074

교통사고처리특례법위반(치상)

Text

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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle for the use of CM5.

On September 21, 2017, the Defendant driven the above car at around 08:04, and turned down the three-lane of the “E EM” in D at Jinju City, by one-lane, from the border of the U.S. to the private distance of the promotional elementary school at the intersection of the U.S.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a road by reducing speed and by properly examining the front side and the right and the right of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the Victim F (13) who was a victim with a crosswalk at around that time, and suffered injury, such as the mouths of the mouths, which require about seven weeks of treatment for the said passenger vehicle, by taking the body of the said victim into consideration as the front part of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of F and G;

1. A survey report on actual condition and an accident scene photograph;

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

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, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act - Circumstances unfavorable to a victim: Offenses committed due to the victim’s violation of the duty to protect pedestrians at crosswalks - Circumstances favorable to the victim: Penalty not, subscription to the comprehensive motor vehicle insurance, confession of crimes, and reflectivity;