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(영문) 창원지방법원 2017.02.10 2016고단1890
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 who is engaged in driving Obaba in C.

On May 25, 2016, the Defendant driven the above Ombaon around 20:10, and led to the direction of the flow distance in the front of the bus stops in the Si-Y apartment apartment bus stops located in the Kimhae-si, Kimhae-si.

Since a crosswalk is installed on the front side, in such a case, the driver of a motor vehicle is required to check whether or not there is a person in charge of driving the motor vehicle, and even if there is a duty of care to safely drive the motor vehicle, the defendant is negligent in neglecting it, and the defendant found the victim D (in 65 years of age) to the right side from the front side of the motor vehicle, and then the victim's buckbucks (in f5 years of age) to the right side of the motor vehicle, the front part of the motor vehicle off the ground.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an unstable frame, in need of approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (D);

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

1. An accident scene photograph;

1. A criminal investigation report (to attachCCTV images);

1. Application of Acts and subordinate statutes (D);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Where an injury occurs in the area of aggravation (from August to two years) (in the case of a special aggravated person) in the area of increase (from August to two years) of the types of general traffic accidents according to the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines;

2. The fact that the victim suffered serious injury due to the instant traffic accident, the sentence of which was determined, and the location of the instant accident.

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