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(영문) 창원지방법원 2013.08.13 2013고단847
교통사고처리특례법위반
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 B-to-car.

On March 5, 2013, the Defendant driven the above car on March 15:13, 2013, and led the four-lane road in front of the three-lane distance from the Do office of the window at Changwon-si to the Do office of the Do office of the Changwon-si.

Since there is a crosswalk where signal lights are installed at the front of that place, it is necessary to confirm whether a person engaged in driving of a motor vehicle is a person to reduce the speed and to see well the front door, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim C (the 22 years old) who gets on the right side of the crosswalk and cross the crosswalk from the right side of the crosswalk by the negligence of entering the yellow signal unreasonablely in the yellow signal in violation of the new subparagraph, and caused the victim C (the 22 years old) to go on the left side. However, the defendant did not cause any damage to the defendant's vehicle and did not go beyond the left side of the bicycle operated by the victim due to the front part of the motor vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the peltoma, which requires approximately 10 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. The reason for sentencing under Article 62-2(1) of the Criminal Act is that the victim suffered serious injury due to the instant traffic accident is disadvantageous to the defendant.

However, the defendant is in depth against himself/herself while making a confession of crime as a first offender.

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