(영문) 창원지방법원 2016.04.21 2016고단136

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(영문) 창원지방법원 2016.04.21 2016고단136

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendant is a person engaging in driving of CM5 individual taxis.

On August 14, 2015, the Defendant driven the above taxi on August 14, 2015, and led to the left-hand turn from the front distance of the Sungwon apartment in the Kimhae-si to the front side of the middle school at the distance of the outer distance.

At that time, the Defendant received the part above the left side of the ENz. 125 Orala 125 Orala, which was driven by the victim D (19 years old) who was under the right-hand left-hand-hand side of the Manzar 125 Orala from the right-hand side of the Manz.

Defendant 1 suffered from the injury of low carbon brain that requires medical treatment for about six months by negligence in the course of business as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to medical certificates, medical certificates, investigation reports (attached medical certificates);

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type 1 (Bodily Injury by Traffic Accidents) (Special Reduction or Exemption) (Special Reduction or Exemption) / In the event of a serious injury (including a serious effort to recover damage), (1) / In the event of a serious injury (the circumstances in light of the type 1): The fact that the defendant was at fault: the fact that the defendant was at fault; the fact that the defendant was at fault; the fact that the defendant was at fault; the fact that the defendant was at fault; the fact that the defendant was at fault; the fact that the defendant was at fault: A confession and reflects the favorable circumstances; etc. [Decision of

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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