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(영문) 창원지방법원 2017.03.29 2017고단357
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The defendant is a person who is engaged in driving a C25 tons truck.

On December 15, 2016, the Defendant driven the above truck on December 18:19, and continued to pass over the F station located on the right side of the road while entering the road in front of the funeral hall in Kimhae-si D.

In this case, a driver of a motor vehicle has a duty of care to temporarily stop immediately before crossing the sidewalk, so that the left-hand side and the right-hand side may not be interfered with the passage of pedestrians.

Nevertheless, the Defendant neglected this and did not temporarily stop and proceed without confirming it, and caused the victim G (V, 57 years of age) walking on the left side of the truck of the Defendant to go beyond the floor by taking the front side of the truck of the Defendant into the right side of the Defendant, and neglected the victim's body going beyond the front wheels of the truck.

Ultimately, the Defendant suffered injury to the victim, such as 12 weeks of treatment due to the foregoing occupational negligence, such as drillings, sakes, sakes, sakes, and sakes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes reporting the occurrence of traffic accidents;

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 whose sentencing under Article 62-2 of the Criminal Act is based on the aggravated reduction of the types of traffic accidents: A sentence of recommending the factors to be mitigated (unlimited to punishment): A person subject to general sentencing in the mitigated area (one month to eight months): A sentence of imprisonment without prison labor for August 2, 200: A sentence of imprisonment without prison labor for a period of two months: A sentence of imprisonment without prison labor for a period of two years of suspension of execution, the injury of a victim who has failed to punish him/her, or a person subject to special sentencing for a period of two years from August to August 2: A ground for mitigation, such as confession; a confession of a victim; a person who has failed to punish him/her; a person who has failed to have his/her criminal records for at least the same kind or imprisonment without labor for a period of eight years

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