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(영문) 창원지방법원 2016.09.20 2016고단1228
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

Reasons

Criminal facts

The defendant is a person who is engaged in driving C 125cc.

On February 25, 2016, the Defendant driven the off-to-face 22:20 on February 25, 2016, and driven the off-to-face 142 sub-Decree 12 apartment-ro, Kimhae-si, Kimhae-si, the Defendant driven the front road along the three-lanes of the two-lanes of the two-lanes of the two-lane.

At the time, there is a crosswalk at which signal lights are installed at night and at that time, so there was a duty of care to confirm whether a person engaged in driving service is a person who gets on the way to reduce the speed and to check well the right and the right and the right and the right, and to prevent the accident in advance by driving safely in accordance with the new code.

Nevertheless, the defendant neglected this and got the victim D (the 26 years old) who cross the crosswalk from the left side to the right side of the crosswalk in accordance with the pedestrian signals due to the negligence of the driver's failure to stop the vehicle, which led the victim to go beyond the floor by taking the front side of the road.

Ultimately, the Defendant suffered injury to the victim, such as the aggregate of expenses needed for the left-hand treatment for about 16 weeks due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (a statement of intent);

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. The reason for sentencing of an alternative imprisonment without prison labor [the scope of recommendation] is the case where illegality is serious in the area of aggravated punishment (from August to two years) (except subparagraph 8) in the area of aggravated traffic accidents (the person subject to special aggravated punishment) (Article 3(2) (proviso) (except subparagraph 8) of the Act on Special Cases concerning the Punishment of Traffic Accidents (the decision of sentencing): The circumstances that take into account the sentence [the decision of sentence] - Unfavorable circumstances: The fact that, in violation of the signal, it is highly likely to be criticized as the case where the victim who driven the crosswalk and walked on the crosswalk pursuant to the new subparagraph is injured, and the injury is likely to be injured.

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