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(영문) 창원지방법원 2014.02.12 2013고단2359
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:50 on July 8, 2013, the Defendant, who is engaged in driving a motor vehicle with a special motor vehicle of the Kumccccck, was driving on the above special motor vehicle and proceeded by right-hand at a speed of 5 km speed from the 3-lane to the east of Chang-si, Chang-si.

In such cases, the defendant has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to operate by accurately

Nevertheless, the Defendant did not discover the victim D (year 52) who was driving a bicycle on the right side of the vehicle with the front right side of the Defendant's vehicle without discovering the victim D (year 52) who was driving a bicycle on the side of the wooden Steel from his negligence.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately 12 weeks of medical treatment, such as inside the left-hand part and opening the body body, and lost the sustained utility due to the incomplete cutting of the left-hand part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident occurrence report;

1. A medical certificate;

1. Application of statutes on serious injuries;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant violated his duty of care, thereby causing serious injury to the left-hand side, which causes the loss of the victim's physical function, such as incomplete cutting on the left-hand side, and the liability for the crime is unfasible, but it is contrary to his mistake, and it seems that there is a lot of negligence on the part of the victim who tried to cross a bicycle according to three-lanes without crosswalks.

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