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(영문) 창원지방법원 진주지원 2014.08.27 2014고단591
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 who is engaged in driving of freight cars in Cribea.

On April 14, 2014, the Defendant driven the above cargo vehicle on April 16, 2014, and turned the report to the Jinyang-si, which was substituted by Jinju-si, from the Jinyang-si to the view of the Korea Science and Technology University.

Since there is a place where the sidewalk and the roadway are clearly divided, in such a case, a person engaged in driving service has a duty of care not to enter the sidewalk.

Nevertheless, the Defendant got the victim's body part of the victim D (the age of 72) who was walking on the sidewalk due to the negligence of entering the sidewalk and driving on the sidewalk, and had the victim go beyond the floor.

After all, the Defendant suffered injury, such as Daun, Daun (No. 7, 8) and Daun (No. 7, 8) that included two cages that require approximately six weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. A medical certificate;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is committed on the ground of suspended sentence. The defendant's negligence is serious and is not less than 6 weeks of injury caused to the victim by shocking the victim while driving the cargo vehicle and shocking the victim. However, the defendant's negligence is serious and damage is not less severe. However, the defendant's deposit of 1.6 million won for the victim, the cargo vehicle operated by the defendant is covered by the liability insurance, and the medical expenses for the victim are paid in the above liability insurance, and there is only two times of fine, the defendant's character, conduct and environment, and the circumstances and circumstances of the crime of this case.

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