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(영문) 창원지방법원 마산지원 2018.06.15 2018고단436
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 CTS125 EFI.

On October 9, 2017, the Defendant driven the upper obbaon around 21:35, and driven the upper oba, which is located in the 3-lane of Eup in the Changwon-si, Changwon-si, the members of Changwon-si, and driven the upper eroba distance from the upper ebba distance along three-lanes in front of the third eba-si.

The location is the intersection where signal, etc. is installed, and the front direction signal of the defendant was the red signal, so the driver of the vehicle has a duty of care to stop immediately before the intersection.

Nevertheless, the defendant neglected this and caused the victim D (the age of 59) who was standing three lanes towards the bus stop in the crosswalk due to the negligence of disregarding red stop signals, which caused the victim D (the age of 59) to go beyond the road.

As a result, the Defendant suffered injury to the victim, such as the 12 week treatment of the victim due to the foregoing occupational negligence, such as the bones of the bones of poppy.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [The grounds for sentencing under the sentencing guidelines] - The area of mitigation (one month to eight months) of the type of ordinary traffic accidents (the injury caused by traffic accidents) - Special mitigated person: a decision of sentence not to punish (including a serious effort to recover from damage) / The result of serious injury caused by a traffic accident caused by Defendant’s violation of signal.

However, the attitude of the defendant to recognize and reflect the crime seems to be.

There shall be no record of other crimes except for one time before and after a fine of 2007.

Along with the victim, the agreement was reached.

The age of the defendant and these circumstances;

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