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(영문) 창원지방법원진주지원 2020.10.21 2020고단135
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 5, 2019, the Defendant driven a B motorcycle at around 21:40, and proceeded one lane on the two-lane road in the Jinju City City, from the E apartment room to the private distance of the Agricultural Technology Institute.

At the time, there is a crosswalk with on-and-off signal apparatus installed on the front side, so there was a duty of care to check whether there is a person crossing the crosswalk by reducing speed and by checking well the right and the right and the right, and to drive safely.

Nevertheless, the Defendant neglected this and caused the victim F (the age of 80) who dried the crosswalk to go beyond the road by shocking the front part of the above motorcycle due to the negligence of entering the crosswalk as it is without putting the speed of the front.

The Defendant, by the above occupational negligence, suffered from the 11 week therapy the right upper part of the victim in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a survey report on the actual condition of a traffic accident, a report on internal investigation, a medical certificate, and a report on investigation (verification, etc. of CCTV images against a traffic accident);

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

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of general traffic accidents according to the sentencing guidelines shall be the basic area, four months through one year, and credit cooperative;

2. Determination of sentence: The degree of damage inflicted on the crosswalk by the victim is heavy;

However, the accident vehicle is recognized as a primary crime, and the accident vehicle is subscribed to liability insurance, and a certain amount was paid to the victim.

In addition, the environment of the defendant is considered.

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