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(영문) 창원지방법원 마산지원 2021.01.19 2020고단1163
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 B-learning vehicle.

On August 4, 2020, the Defendant driven the above vehicle at around 13:07, and led to the turn to the left from the C apartment to D elementary school at the Han-gu, Haan-gu, Haan-gun, the Han-gun, to turn to the left.

Since there is a place at which a crosswalk is installed, the driver of the vehicle had a duty of care to prevent accidents in advance by accurately manipulating the steering gear, the steering gear, and the operation of the crosswalk to prevent accidents.

Nevertheless, the defendant neglected to stand the crosswalk by his negligence and neglected to stand it, and then delayed the victim E (the age of 86) and caused the victim to go beyond the floor by shocking the left side of the victim with the front part of the above vehicle.

Ultimately, the Defendant suffered approximately 12 weeks of pulverization of flavers to the left-hand side in need of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on internal investigation (afusing photographs by cutting down CCTV images for the purpose of crime-proof);

1. Photographss of CCTV images for crime prevention;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following factors favorable to the sentencing)

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the ordinary traffic accidents [the Class 1] the injury [the person subject to special sentencing] caused by traffic accidents: The mitigated elements of punishment (including the area of recommendation and the scope of recommended punishment], the area of mitigation of punishment [the scope of punishment and recommendation], one month to eight months without labor;

3. Opinions of inspection: One year’s imprisonment without prison labor;

4. The sentenced defendant is driving a vehicle, and there is no signal apparatus by negligence in the course of duty.

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