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(영문) 창원지방법원 2017.05.25 2017고단519
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 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 Bbee or a car.

On December 22, 2016, around 06:35, the Defendant proceeded along two-lanes from the window of the 4nd line street street in front of the large-dong apartment complex, the 12th parallel road, Seogwon-si, Changwon-si, Seogwon-si, the 57th parallel of the 57th parallel of street.

At the time, there was a crosswalk in which signal lights are installed at the front of the night and in the front of the night, and thus, there was a duty of care to safely drive a motor vehicle by checking whether there was a person driving the motor vehicle according to the traffic signals by reducing the speed and maintaining the way by properly examining the signal.

Nevertheless, the Defendant did not look at the change of the vehicle signal by negligence while neglecting it in advance, and operated it on the crosswalk stop line, but it did not reach the victim C (63) left side part of the crosswalk walking along the crosswalk pursuant to the pedestrian signals, and went beyond the road the damaged person.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as the escape of the YYA, which requires approximately 12 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

Application of Acts and subordinate statutes to the Defendant’s legal statement C’s written fact-finding report

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

2. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is a pedestrian-friendly accident, and the degree of injury is heavy, but the victim does not want the punishment of the defendant, and the defendant is the primary offender, etc., the various sentencing conditions indicated in the records and arguments of this case and sentencing guidelines of the Sentencing Committee shall be determined as ordered by the Supreme Court.

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