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(영문) 창원지방법원 2017.07.19 2017고단1514
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

The defendant is a person who is engaged in driving a cuss car in C.

On December 10, 2016, the Defendant driven the above car at around 22:30 on December 10, 2016, and got to turn to the left from the right edge of the 17th apartment street crossing in front of the 17th apartment in the Gyeong-gu, Chungcheongnam-si, Kim Jong-si.

Since there is a cross-section where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to the new code to a person engaged in driving of a motor vehicle.

Nevertheless, at the time of changing to red signal from yellow signal, the Defendant was negligent in entering the above intersection and making a left-hand turn to the left, and the front part of the victim D(16C) driving in violation of the signal to the third elementary school from the side of the monthly elementary school was driven by the front side of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the victim D with the above occupational negligence to suffer injury to the victim F, who was on the part of the victim F, who was on the part of the above Oral Ba, for about eight weeks of medical treatment. In addition, the Defendant sustained injury to the victim F, who was on the part of the victim of the above Oral Ba, for about eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Alternative 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 requires a special sentencing guidelines from January to August to August to August to the base of the reduction of the classification of types of traffic accidents: the aggravated factors (serious injuries), the mitigated factors (unlimited sources of punishment, and the negligence of victimized drivers): General sentencing factors (one month to eight months): The mitigated factors (comprehensive insurance, beginning crimes): the imprisonment without prison labor for six months: the imprisonment without prison labor for six months: the imprisonment without prison labor for two years of suspension of execution; the grounds for reduction of the number of juvenile victims: the confession and the victim D.

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