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(영문) 창원지방법원 2016.12.20 2016고단3438
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 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 a NAS car.

On August 18, 2016, the Defendant driven the said car at a time on August 10:36, 2016, and driven the car at a speed of about 40km per hour among two-lanes from the Crarac Kimhae Art Gallery to the Jindo Fire Station at the speed of 275-51.

Since there is a place where a red flickering is installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle with due care in the surrounding traffic situation after temporarily stopping the motor vehicle in the stop line.

Nevertheless, the Defendant neglected this and did not temporarily stop, and had access to the private distance, and had been driven by the victim C, who was driving from the Cheongcheon Tri-distance to Jinsaul, the front part of the car left ahead of the Defendant’s car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, referring to the injury of the victim, focusing on the fact that there are no two main bodies in need of treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The actual condition survey report;

1. A general medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] General traffic accident field [No person who is a special person] / [Determination of sentence] 6 months of imprisonment without prison labor, 1 year of suspended sentence (the circumstance of the accident, degree of injury, reflects the degree of injury, 1 year of suspended sentence (the fact that the automobile comprehensive insurance is subscribed, 1 year of suspended sentence) and 1 year of suspended sentence (the above sentence shall be sentenced in comprehensive consideration of the fact that there is no past record of criminal punishment exceeding fine).

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