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(영문) 창원지방법원 진주지원 2017.10.20 2017고단633

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of 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 of a fwing cargo vehicle B.

On July 6, 2017, the Defendant, without a driver’s license, directed the front road in front of Gyeongnam-gun C of the Southern Sea to the “efluence distance” distance from the rear side of the “An elementary school south Sea”.

Since its location is an intersection located in a house, a person engaged in driving service has a duty of care to reduce speed and drive it by properly examining the left and right.

Nevertheless, in order to proceed to the right-hand side from the left-hand side of the above cargo vehicle due to negligence that the defendant neglected this, the defendant found the victim D (the 50-year-old driver) who first entered the intersection to be late, and took a sudden action, but did not stop, and received the front part of the above passenger vehicle as the front part of the above cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as Damal salt, which requires treatment for about four weeks, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. The driver's license ledger;

1. Written statements of D;

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

1. Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense, Article 3 (1) and the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents with Heavy Punishment (Aggravation of concurrent Crimes under the Act on Special Cases concerning the Settlement of Traffic Accidents with Additional Punishment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendations for the application of the sentencing criteria: One month to eight months (area of mitigation): Special sentencing factors: Handling of the number of offenses against which punishment is not imposed: At least one month;

2. The fact that there are two times the sentencing factors and the defendant had been punished for driving without a license, and the age, sex, environment, the circumstances and means of this case are different from that of the defendant.