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(영문) 창원지방법원 2016.06.10 2016고단377
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 engaged in driving a motor vehicle with low bid.

On November 18, 2015, the Defendant driven the above car at a speed of about 40 km in speed from the right side to the right side of the east side of the day on which the safe-speed distance in the city of Kimhae-si came to turn to the left at a speed of about 40 km per hour among the two-lanes in speed.

Since the location is a private-distance intersection in which signal lights and crosswalks are installed, in such cases, the driver of the vehicle is safely driven in accordance with the traffic signals, and the driver of the vehicle has a duty of care to safely drive the crosswalk after checking whether there is a pedestrian who has a duty of care to safely drive the crosswalk, despite the fact that the defendant is negligent in failing to do so, and the defendant did not discover the victim E (W, 46 years old) who cross the crosswalk from the left side to the right side in accordance with the motor vehicle stop signals, and received the victim as the part in front of the above motor vehicle.

Ultimately, the Defendant suffered injury, such as cage cages, etc., for which approximately 12 weeks of medical treatment is required, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a traffic accident report, and an accident scene photograph;

1. Investigative report (CCTV viewing report);

1. Application of Acts and subordinate statutes (E);

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. Where the illegality in the basic area (from April to October) of the type of traffic accident (the basic area (the scope of the recommended punishment) of the first type of traffic accident (the person causing a traffic accident) according to the sentencing guidelines (the person subject to special aggravated or mitigated punishment) (the person subject to special aggravated or mitigated punishment in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents / Non-

2. The traffic accident of this case where a sentence of sentence is rendered shall be the defendant.

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