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(영문) 창원지방법원 2017.05.02 2016고단4032
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

The defendant is a person who is engaged in driving of CM truck truck truck trucks.

On September 10, 2016, the Defendant driven the above cargo vehicle at the speed of November 11:35, 2016, and proceeded with the intersection of the front of the E, which is located in D, the Chang-si, the Chang-si, the Chang-si, at the speed of about 40km from the right side of the horse to the original apartment.

Since the location is a private-distance intersection with signal apparatus, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely in accordance with traffic signals.

Nevertheless, the Defendant neglected this and caused the injury to the victim, such as the ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground

Ultimately, the Defendant caused the injury to the victimized person by occupational negligence above.

Summary of Evidence

Application of the Act and subordinate statutes to the Defendant’s written statement F of the oral statement

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

2. Selection of a credit cooperative without prison labor for punishment;

3. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. Scope of the recommended punishment on the sentencing criteria: One-month ordinary traffic accidents from January to August, area to which the punishment is mitigated; and

2. Determination of sentence: Determination of sentence: Six months of imprisonment without prison labor and two years of a suspended sentence, and the fact that an accident involving a violation of signal and the injury of the victim was serious: Provided, That this shall not apply to the case where the defendant agreed smoothly with the victim and the defendant did not have any criminal punishment for the last ten

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