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(영문) 창원지방법원 밀양지원 2019.06.20 2019고단166
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a passenger car in B SP area.

On December 17, 2018, the Defendant driven the above vehicle on December 17, 2017, and led the intersection of the distance in front of D located in C at the time of pushedping from D to the vice-west office.

It is an intersection where signal, etc. is installed, and in the direction of the running vehicle of the Defendant, etc., red flashing etc., in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident by safely checking whether there is a vehicle driving within the intersection by temporarily stopping in front of the temporary stop prior to the entry into the intersection and checking well the right and the right of the vehicle.

Nevertheless, due to the occupational negligence that the Defendant neglected to do so, the part on the right side of the Defendant’s driving vehicle, which is driven by the victim E (Nam, 65 years old) who was driving on the right side from the left side of the direction of the running vehicle of Madin Defendant to the right side of the Madin in the direction of the running vehicle of the Defendant, was entirely taken by the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim, such as a pelle, a pelle, a pelle, etc. in need of medical treatment for about 10 weeks from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. A medical certificate, a written opinion, and an investigation report (Attachment to a medical certificate of a victim);

1. Application of CCTV closure photographs and statutes on site photographs at the scene of an accident;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [the category 1] causing a traffic accident (the special person who is a person under punishment]. The factors to mitigate the injury caused by a traffic accident: the restoration of damage caused by a cause not to punish.

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