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(영문) 창원지방법원 통영지원 2016.07.15 2016고단361
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 vehicle with K7 boarding.

On December 5, 2015, the Defendant driven the above car at around 06:35, and driven the two-lane road in front of the mountain distance in order to be used as the Gosung-gun Special Metropolitan City Corporation, Sungsung-gun, Sungsung-si, in the direction of the Safety Corporation, at a speed of about 80km per hour in the direction of the Safety Corporation.

At the time, there was a crosswalk where signals, etc. were installed at all times prior to sunrise, and thus, in such a case, the driver of a motor vehicle had a duty of care to reduce the speed and to check whether there is a person who gets on the road, and to safely drive the motor vehicle in accordance with the traffic signals, and to prevent the accident in advance.

Nevertheless, due to the negligence of the defendant's violation of signal, the defendant accepted the part of the victim C(37) crossing the crosswalk from the left side of the defendant's proceeding to the right side of the crosswalk and made the victim go beyond the victim.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the pelvise of the upper right subject to approximately 11 weeks medical treatment, and the pelmosis damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation:

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes governing the scene photographs of an accident, 112 report processing sheet, diagnosis sheet, and signal cycle chart;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] The general traffic accident case (the injury caused by traffic accidents) is the basic area ( April to October) (the person subject to special mitigation) / In the case where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Education is serious (the decision of sentence): The crime of this case is committed.

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