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(영문) 창원지방법원 2014.08.19 2014고단1525
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On April 12, 2014, the Defendant, who is engaged in driving of Branchising automobiles, was translified on April 12, 2015, and was driving a car and led to the two-lanes in front of Granchising in the Gimchise-si, Kim Jong-si, in front of the Gimchise-si in the Gimchise-si, to the Gimchise-IC at the speed of 50 km per hour among two-lanes.

At the time, there was a crosswalk at which a signal has not been installed at night and at that time, so in such a case, there was a duty of care to look at the driver of the motor vehicle well, the driver of the motor vehicle, and to accurately operate the steering system, and to see whether there is a pedestrian to walk the crosswalk.

Nevertheless, the defendant neglected this and found the victim C (the 50-year old) who was moving the crosswalk from the right side to the left side due to the negligence of driving the crosswalk, and applied the hand to the left side, but did not avoid it, and did not move the victim to the front part of the car, and got the victim to sit on the ground.

Ultimately, the Defendant suffered injury to the victim, such as the removal of a flasium and the closure of a flasium, for about 10 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

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

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations based on the sentencing criteria - The basic area (in cases of serious injuries, referring to the same treatment as the principal) of the injury caused by traffic accidents: April to October of credit cooperatives; and

2. Normal circumstances taking into account - The degree of injury of the victim, reflectivity, the victim’s penalty not to be imposed, and unfavorable circumstances; and

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