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(영문) 창원지방법원 마산지원 2020.01.07 2019고단1065
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

On March 4, 2019, the Defendant driven a B-ro car on March 4, 2019, and led to a right-hand moving of the S-ro distance in front of the D convenience point located in the Changwon-si Member C from the E apartment room to the F-high school room.

Since there is an intersection in which crosswalks are installed, the driver of the motor vehicle has a duty of care to check whether there is a person who gets involved in driving the motor vehicle by reducing the speed of the right-time display and by properly examining the right-hand side and the right-hand side.

Nevertheless, the defendant neglected to do so and proceeded on the right side of the above vehicle, which caused knenee part of the victim G(20 years of age) who dried the crosswalk to the left side of the above vehicle in accordance with the pedestrian signals, to the front part of the above vehicle.

After all, the Defendant suffered injury to the victim due to the above occupational negligence during the 12-day period of medical treatment from the upper part of the upper part of the upper part of the family in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The actual condition survey report;

1. Photographs of the accident site;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of punishment by law: One month to five years;

2. Extent of recommendation [decision of type] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person who is a person) caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction area (including the recommended area and recommendation range), reduction area, reduction area of punishment and imprisonment without prison labor for one month to eight months;

3. The defendant, who is sentenced, makes a right-hand turn to the intersection.

In accordance with pedestrian safety, it caused a traffic accident that causes the victims of crosswalks.

The responsibility is to violate the duty to protect pedestrians in crosswalks.

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