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(영문) 창원지방법원 2019.05.24 2019고단257
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

On November 23, 2018, the Defendant driven the above car at around 19:40, and proceeded by moving it to the Masan Customshouse, depending on the two-lanes of the two-lane road, in front of the semi-monthly distance of 98 in Changwon-si, Changwon-si, Masan-si, 3:15, and 98.

Since there is an intersection in which a crosswalk is installed, there was a duty of care to check whether a person engaged in driving service has a way to reduce speed and to see well the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the defendant neglected this and found the victim D (the age of 51) to leave the crosswalk from the right-hand side of the defendant's proceeding to the left-hand side by his negligence, which led to the defendant's failure to stop so, and was faced with the victim with the part above the right-hand part of the motor vehicle operated by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as the mouth of a brush, which requires approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding D (Simplified traffic);

1. A medical certificate (D);

1. Application of the Acts and subordinate statutes concerning the editing photographs, site and accident-related photographs of black stays;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

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

1. Circumstances favorable to sentencing under Article 62-2 of the Criminal Act: The defendant recognized all the crimes of this case, and the defendant needs to be protected socially due to physical disability without the same criminal records: The defendant was negligent in the traffic accident of this case, and the victim was unable to properly recover from damage.

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