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(영문) 창원지방법원 2017.04.26 2017고단288
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a car in Cknife.

On October 13:50 of October 2016, the Defendant driven the above car, and got straight from the middle school of the sperm which is a three-distance intersection in front of the Sungwon-gu, Changwon-si, Sungwon-si, the Defendant turned straight along the way from the middle school along which he would cross the three-distance intersection in the Changwon-si.

On the other hand, a crosswalk is installed, so in such a case, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to check the right and the right and the right of the road well and to drive safely.

Nevertheless, the Defendant neglected this and failed to drive in the front direction, and thereby caused the part of the victim E (9) who dried the crosswalk to the left side from the right side of the defendant's running direction by negligence, which led the defendant to the front part of the vehicle of the defendant.

The Defendant suffered injury to the victim by negligence in the above occupational negligence, such as cutting the body at the bottom of the necessary frame, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes reporting the occurrence of traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Article 268 of the Criminal Act (Punishment of Imprisonment without prison labor);

1. Suspension of execution, orders to attend lectures or orders to provide community service, Article 62 (1) and Article 62-2 of the Criminal Act;

1. In the case of sentencing on Article 186 of the Criminal Procedure Act (the basic remuneration of 300,000 won for a national defense counsel) that imposes the cost of lawsuit: The sentencing on the person injured by a traffic accident 1-month of the basic aggravation of the classification of types, which is based on the reduction of types, between January and August 1 to August 1, and the special sentencing guidelines between August and February 2: the sentencing sentencing factors (the degree of illegality), the sentencing factors of the mitigation factors (the amount of punishment that is not punishable): the sentencing factors (the period between April and one year): the sentence of imprisonment without prison labor for six months: the sentence of June: the imprisonment without prison labor for six months: the damage to the growth of victimized children, the records of the punishment of drinking alcohol (the amount of punishment once): the confession of the victimized children, the non-taxation factors of the punishment of the injured, etc.

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