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(영문) 창원지방법원 2017.11.28 2017고단3452
교통사고처리특례법위반(치상)
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 a Bchip car.

On September 10, 2017, the Defendant driven the above car at around 08:50 on September 10, 2017, and led to the maid from the east-si to the east-si.

At all times, a person engaged in driving of a motor vehicle due to an intersection where a signal, etc. is installed has a duty of care to prevent accidents in advance by driving safely according to traffic signals.

Nevertheless, while the Defendant neglected this and changed the vehicle driving signal into yellow signal, the Defendant got the victim to go beyond the ground by taking the part of the victim C (44 years) who operated under green signals from the right side of the running direction of the Defendant to the left side of the green signal. D 399 C(44 years) driving by the victim C (44 years) who operated under green signals from the right side of the above car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the escape of the left-hand gate, which requires approximately eight weeks of medical treatment.

Summary of Evidence

Application of Acts and subordinate statutes to the medical certificate of fact-finding by the defendant

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act / Selection of imprisonment without prison labor;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Violation of signal signal, serious injury, traffic crime and majority of the previous traffic crimes, subscription to comprehensive insurance, agreement, and reflect on the reason for sentencing under Article 62-2 of the Criminal Act.

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