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(영문) 창원지방법원 진주지원 2017.02.08 2016고단1097

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 motor vehicle B, sod XD.

On August 20, 2016, the Defendant driven the above car at around 16:55, and led the road in front of the D Mart parking lot in Jinju City to turn to the left from the seat of D Mart parking lot to the seat of Jinju prison.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to make a person engaged in driving service thoroughly and not proceed to the opposite lane beyond the center line.

Nevertheless, the Defendant neglected this and got off the center line to the left side of the victim E (FCA1105 OE) driving, which was in the normal course from the right side of the vehicle driving by the Defendant, to the left side of the road in the direction of the vehicle driving by the Defendant. The part on the left side of the FCA1105 OE, which was in the normal course at the right side of the vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as around 14 weeks of high-ranking executives and high-ranking relatives who need to receive approximately 14 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant caused the instant traffic accident by the negligence of driving the central line, resulting in serious injury to the victim, and the liability for such crime is not minor;

However, the fact that the defendant reflects his criminal act, leads to an agreement with the victim, and that there is no criminal history against the defendant is considered as a favorable condition to the defendant, and other various sentencing conditions as shown in the records and theories of change, such as the defendant's age and sexual behavior, are considered.