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(영문) 창원지방법원 2018.11.29 2018고단1813
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 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 a second cargo vehicle in B.

On June 15, 2018, the Defendant driven the above cargo vehicle at around 15:44, and made a left-hand turn to the right-hand turn in the direction of the north distance on the top of the scopon in the direction of the scopon, which is located in 95, a 3rd channel of the Changwon-si.

At the same time, the crosswalk is installed. In such a case, the driver of the vehicle has a duty of care to temporarily stop the vehicle immediately before the crosswalk and to prevent the accident by driving the vehicle while taking care of pedestrians who walk the crosswalk.

Nevertheless, the Defendant neglected to do so and, due to his negligence, caused the victim C (n, 66 years of age) who dried the crosswalk from the right side of the Defendant’s vehicle to the left side, to go beyond the road by taking the front part of the Defendant’s vehicle, and led the victim’s two legs to go back to the left side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim D, such as a feld feld feld feld feld feld feld feld feld feld feld feld feld, which

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of statutes on site photographs;

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

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

1. The sentencing criteria [the range of recommending punishment] and the sentencing range (the range of recommending punishment] set forth in Category 1 (Bodily Injury resulting from Traffic Accidents) shall not be subject to punishment;

2. The sentence shall be determined as ordered by taking into account the following circumstances, such as the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, and circumstances after the commission of the crime.

The favorable circumstances: the time of crime and reflect on it.

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