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(영문) 창원지방법원 진주지원 2020.05.27 2020고단547
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:40 on January 17, 2020, the Defendant driven a B Lone Star bicycle and driven the two-lane road in the direction of Jinju City along the two-lane road from the direction of the telescope to the direction of the stream.

Since there are crosswalks where signal lights are installed, there was a duty of care to check whether there is a pedestrian or not by reducing speed and by properly examining the right and the right and the right of the pedestrian, and to drive safely according to the signals.

Nevertheless, the defendant neglected this and neglected to use it, and caused the victims to go beyond the road, by taking the body of the victim E (the 44 years old and 6 years old) and the victim F (the 6 years old) from the right side of the road in the direction of the road due to the negligence of entering the crosswalk, which is a green signal of the pedestrian crosswalk, in violation of the signal.

The Defendant received, by negligence, around two weeks of medical treatment from the above victims due to the foregoing occupational negligence, the conical fluences, etc., respectively.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs and medical certificates;

1. Article 3 (1), 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. Formal concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (i.e., confession and agreement);

1. Orders to provide community service or attend lectures: Article 62-2 of the Criminal Act;

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