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(영문) 창원지방법원 2016.08.23 2016고단1927
교통사고처리특례법위반
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a car BMW520.

On May 16, 2016, the Defendant driven the above car at around 12:45, and got the third square of the 3rd square in the Dong-dong in the Changwon-gu, Changwon-si, the Defendant moved to the direction of the police station at the direction of the Jinhae Police Station.

At all times, a crosswalk without signal lights has been installed, so there was a duty of care to safely drive the vehicle, such as reducing the speed and checking well the right and the right of the driver.

Nevertheless, the defendant neglected this and proceeded on the crosswalk, but by negligence, passed on the right side of the victim C (Woo 55 years old) who walked on the left side from the right side of the defendant's proceeding to the left side.

Ultimately, the Defendant suffered injury to the victim, such as the cutting of a ducts, which requires approximately eight weeks of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of each statute on photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommended punishment] No person [the person who is subject to special sentencing] in the basic field of the first type of traffic accident [the person who is subject to special sentencing] [the decision of sentence] / [the person who is subject to the above sentence] / April of imprisonment without prison labor for 4 months, the suspended sentence of one year (the circumstance of accident, degree of injury, reflects the degree of injury, reflects the victim, deposit six million won for the victim, and deposit six million won for the victim, etc.]

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