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(영문) 창원지방법원 2016.01.27 2015고단2599
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 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 the operation of the Lone Star Co., Ltd.

On August 11, 2015, the Defendant driven the above vans around 18:10, and got the two-lanes of the two-lanes in front of the second apartment of the East Asia, which is located in Kimhae-si, in the Dong-si, Kimhae-si, according to the second-lanes in front of the second apartment.

At this point, a crosswalk without signal lights is installed. In such a case, even though a person engaged in driving service has a duty of care to check whether he is a person who gets on a road by reducing speed and by properly examining the right and the right and the right and the right, the defendant did not discover a victim C (67 years) who crosses the crosswalk from the right and the right of the victim to the left by neglecting his duty of care to drive safely, and the defendant did not discover a victim C (67 years old) who has driven the crosswalk on the right and did not leave the damaged person on the front part of the victim's left side.

Ultimately, the Defendant suffered injury to the victim, such as the damage to the Bronchis, which requires approximately 12 weekly treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. Statement of opinion;

1. Application of traffic accident occurrence reports, actual survey reports, and Acts and subordinate statutes on the scene of accident;

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 and Article 268 of the Criminal Act concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general traffic accidents: The basic area (4 months to 10 months) (the person subject to special sentencing] (the person subject to special sentencing] of the basic area (the person subject to special sentencing: the person subject to mitigation) of the punishment is not subject to punishment;

2. The person who caused the instant traffic accident by gross negligence, such as the facts constituting the offense indicated in the judgment of the criminal defendant, thereby causing injury to the victim, and the victim's left-hand pacul.

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