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(영문) 창원지방법원 2017.02.03 2016고단3765
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaged in driving a driver's vehicle with Cgallon.

On October 17, 2016, the Defendant driven the above car at around 15:25 on October 17, 2016, and proceeded to turn to the left at about 15 km per hour between the two-lanes from the high school and the right-hand turn at the speed of 15 km.

Since a crosswalk is installed, in such a case, the driver of the vehicle has a duty of care to check whether there is a person who will reduce the speed, see the front side and the right and the right and the right and the right and the safe driving of the vehicle, and even if there is a duty of care to safely drive the vehicle, the defendant received the victim F who walks on the crosswalk to the right and the right and the right and the right and the right and the right and the right are negligent in driving the vehicle on the left side of the vehicle driving direction.

Ultimately, the Defendant suffered injury to the victim by negligence in the above business, i.e., cutting down abandonment on the right side in need of approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, vehicle photograph, and traffic accident report;

1. Investigation reports (Hearing statements of victims) and investigation reports (ct v analysis at the accident site);

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

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] shall be limited to the area where the reduction area (one month to eight months) is mitigated (the person who has been specially mitigated).

2. The defendant's decision to sentence the defendant neglected his/her duty of care in front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the rear.

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