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(영문) 창원지방법원 통영지원 2015.12.02 2015고단689
교통사고처리특례법위반
Text

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

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

Reasons

Criminal facts

On April 22, 2015, the Defendant driven C SPP car on April 22, 2015, and led to a two-lane road of the yellow-distance distance, which is located on the yellow light drawing at the time of territorial operation, from the parallel line to the high speed of about 60km each hour.

At the time of night, there was an intersection or crosswalk in which signal lights are installed at the front of the night, and thus, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person driving the motor vehicle, and to safely drive the motor vehicle according to the traffic signal and prevent the accident from spreading.

Nevertheless, the Defendant neglected this and did not stop even though it was a stop signal, and did not proceed as it was, the Defendant got off the body part of the victim D (the age of 21) where the Defendant was dried up from the right side of the bend to the left side of the crosswalk in accordance with the pedestrian signals.

As a result, the Defendant suffered injury, such as L1, L3, and L5, which ought to give approximately 12 weeks of medical treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident falls under the weight of illegality in the proviso to Article 3 (2) of the Special School Education Act, which is the aggravated area (eight to one year and six months) of the first category of traffic accident (the injury caused by traffic accident) (specialally under a person];

2. Determination of sentence - Unfavorable circumstances: At night, it is highly negligent to cause a traffic accident to a victim who has dried a crosswalk in accordance with pedestrian signals.

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