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(영문) 창원지방법원 2016.08.23 2016고단1623
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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

Criminal facts

The defendant is a person who is engaged in driving the B-Ma cargo vehicle.

On May 2, 2016, the Defendant driven the above cargo vehicle around 08:30 on May 2, 2016, and led to the driving distance in the direction of the Kimhae Tax Office from the following IC direction.

It is a place where traffic is controlled by signal, etc., so there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle according to the new code.

Nevertheless, the defendant neglected this and caused the defendant to go beyond the road by taking over the left side of the victim C (V, 61 years old) who dried the crosswalk from the right side of the defendant's proceeding to the left side in accordance with green signals.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence by the victim, such as the left-hand pelle executives who need approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (Article 62(1) of the Criminal Act) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Suspension of Execution) (Article 62(1)) (Article 1 of the Act on the Suspension of Execution) (Article 3(2) (proviso (excluding subparagraph 8) of the Act on the Suspension of Execution / In the case of a serious violation of law in the scope of punishment or in the case of a bad driver (Article 3(2) (Article 3(2) (excluding subparagraph 8) of the Act on the Suspension of Execution / [Determination of Sentence] 5 months of imprisonment without prison labor, one year of suspended execution (Article

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