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(영문) 창원지방법원 진주지원 2016.01.27 2015고단1059
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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

On September 23, 2015, the Defendant, who is engaged in driving Category B 2 cargo vehicles, was driving the said vehicle at around 11:10 on September 23, 2015, and was moving back from India, which is in line with the gold mountain, the gold mountain, the gold mountain, the gold mountain, the gold mountain, and the gold mountain.

At that time, the crosswalk was installed at the rear, and the victim C (V, 72 years old) was trying to drive the crosswalk. In such a case, the Defendant, who is engaged in the driving of the motor vehicle, temporarily stopped in front of the crosswalk and did not interfere with or endanger pedestrian traffic, and at the same time, the Defendant, who is engaged in the driving of the motor vehicle, had a duty of care to safely operate the front right right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident in advance by operating the motor vehicle safely. However, the victim, who was walking the crosswalk due to negligence while neglecting it, was on the back loaded of the motor vehicle

The Defendant, by such occupational negligence, caused the victim to suffer injury to the victim, such as T 11 father’s pelle, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Medical certificate (C);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended on the sentencing criteria [the types of decisions] the injury or danger of traffic accidents (special mitigation elements] the punishment is not permissible (the scope of recommended punishment] for a month to six months;

2. In the light of the fact that the defendant's occupational negligence in the decision of sentencing is not minor, and that the degree of the victim's injury is considerably serious, the defendant's liability for the crime shall not be minor;

However, the defendant reflects his crime, and is the victim.

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