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(영문) 창원지방법원 2017.12.13 2017고단3153
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On July 4, 2017, the Defendant, as a driver of Lone Star Co., Ltd., proceeded with three-lanes in the window D of Changwon-si on July 4, 2017, using three-lanes in front of the E pharmacy, which interested three-lanes in the window D of Changwon-si.

Since a crosswalk is installed on the front side, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right of the front side, and to drive safely.

Nevertheless, the defendant neglected this and did not discover the victim F (the 62 years old) to the right side from the left side of the proceeding direction due to the negligence of the defendant's neglect and did not discover the victim F (the 62 years old), and received the victim from the front part of the above passenger car.

As a result of the above occupational negligence, Defendant 1 suffered from serious brain damage to the victim during the number of days of treatment, and caused such damage to the victim, such as food disorder, arms and legs, and speech disorder.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Article 268 of the Criminal Act (Punishment of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A person subject to the sentencing guidelines in Article 62-2(1) of the Criminal Act: A person subject to the sentencing guidelines in January or August to August to 8, or from August to two years based on the principle of the classification of types of crimes: Aggravating factors (serious injury, crosswalk accident), and a person subject to general sentencing in the aggravated area (from August to two years): A sentence of imprisonment without prison labor for a period of two years: A sentence of imprisonment without prison labor for a term of two years: A sentence of imprisonment without prison labor for a term of two years: A sentence of imprisonment without prison labor for a term of two years: A crosswalk of six months: a crosswalk; a forecast of a disability in the upper part of a victim; a statement of the occurrence of a disability after the victim's injury (other than a room-type one-time sentence): A confession, penalty surcharge, comprehensive insurance, family dependent (other than a minor child), etc. (a person subject to the reduction of the function of a vessel A, a minor child, etc.);

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