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(영문) 창원지방법원 마산지원 2017.05.31 2017고단381
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

Punishment of the crime

The defendant is a person who is engaged in driving a C-country bus.

On January 14, 2017, the Defendant driven a bus at around 12:05, and moved the intersection in front of the Changwon-si Masan Masan-si D and E restaurant, from the south of the Gyeongnam University, to the lower side of the terminal of Msan-si.

At all times, a crosswalk without signal lights is installed, so in such a case, the driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct the passage of the pedestrian or endanger the pedestrian when the driver of the vehicle wants to drive along the crosswalk.

Nevertheless, the Defendant neglected to stop in front of the crosswalk and did not temporarily stop in front of the crosswalk, and caused the Victim F (F (F, 77 years old) to go beyond the right side of the Defendant’s bus.

As a result, the Defendant suffered from the victim’s occupational negligence the injury of the pelle pelle of the right pelle, both sides of the pelle, which requires treatment between approximately eight weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (Confession and reflect) of the suspended sentence;

1. Application of the sentencing criteria [the scope of the recommended punishment] General traffic accidents in the area where the sentencing criteria are mitigated (one month to eight months) (a person who has been specially mitigated).

2. Determination of sentence: Determination of sentence as ordered by the court, comprehensively taking into account the following conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment without prison labor, one year of suspended sentence, and others;

Unfavorable circumstances:

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