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(영문) 창원지방법원 2020.07.24 2020고단1166
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 motorcycle B.

On March 22, 2020, the Defendant driven the above motorcycle on March 18:45, 2020, and driven the two-lane road in front of D in Kimhae-si, Kimhae-si, along the two-lanes in front of D in front of D in Kimhae-si.

Since there are crosswalks in the front side, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by checking whether there is a person to reduce speed and build the crosswalk.

Nevertheless, the Defendant neglected to do so and did not keep the front door at a proper speed, and did so by negligence, caused the Victim G (12 years old) who dried the crosswalk to the right side from the left side of the direction of the Defendant’s proceeding to the front side of the motorcycle, and caused the victim G (12 years old) who dried the crosswalk to the front side of the motorcycle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim F, such as a felbage in the body of the body of the bridge, accompanied by approximately 14 weeks of non-alley to the victim F, and the victim G, with approximately 2 weeks of the left-hand satis in need of treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria based on the sentencing criteria do not present a separate processing criteria for commercial concurrent crimes, but refer to the sentencing criteria when determining the sentence.

[Determination of Punishment] General traffic accidents.

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