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(영문) 창원지방법원 2016.10.13 2016고단2412
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 this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving CK5 cars.

On April 1, 2016, at around 09:30, the Defendant moved bypass a two-lane road in front of the monthly elementary school, which is located in 123, Gannam-si, Kimhae-si, according to two-lanes in front of the monthly elementary school.

At that time, the intersection and crosswalks are installed adjacent to each other. At that time, the vehicle signal lights are red and the pedestrian signal lights are green, so the driver of the vehicle has a duty of care to safely drive the steering gear and brakes by reducing the speed of the vehicle and accurately manipulating the front and the traffic conditions.

Nevertheless, in such circumstances as above, the Defendant was negligent in entering the two-lanes of the three-lanes, and followed the signal on the left side of the Defendant’s running direction, and was driven by the victim D(78 years of age) who was driving along the two-lanes, and received the front part of the right side of the vehicle as the front part of the driver’s seat and the front front part of the vehicle.

After all, the Defendant suffered, by these negligence, the injury to the victim D on either side of the chilled salt, etc. requiring approximately four weeks of medical treatment, and the victim F (the 72 years of age), who was the chill, suffered from the injury of the victim, such as the alley of the left-hand bed for eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigative reports (to hear statements from victims);

1. Each written diagnosis;

1. Application of each statute on photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration, such as the reflection of the fact, the agreement with the victims, the fact that the automobile comprehensive insurance is subscribed, and the first offender);

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