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(영문) 창원지방법원 2018.09.06 2018고단1839
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On May 26, 2018, the Defendant driven the above car at around 13:55, and got the front of the grain church into three-lanes in the direction of the grain square in the direction of the new village square.

At this point, there are crosswalks with signal lights on the front door, so in such cases, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right and the right and the right and the duty of care to drive safely according to the new code.

Nevertheless, the Defendant neglected this and got the victim to go beyond the floor by neglecting and proceeding the red signal, which is a stop signal, on the part of the victim C (V, 12 years old) who walked from the right side of the direction of the defendant's movement to the left side of the pedestrian signal.

After all, the Defendant caused the victim to suffer bodily injury, such as the blood species, two frameworks, etc. in light of the light that requires approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes No. 3 of the photograph (Evidence No. 3);

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

1. Based on the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), various circumstances, such as the age, sex, environment, motive, means and consequence of the crime, etc. as set out in the instant case, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing guidelines (the basic area of the type of ordinary traffic accident No. 1 (the injury by traffic accident): 4 months - 1 years) shall be considered.

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