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(영문) 창원지방법원 2017.06.22 2017고단1253
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 Clearning car.

On July 4, 2016, the Defendant driven the said car on July 4, 2017:52, and led to the direction towards the sponsing office of the sponsed village, located in the sponse of the sponse of the sponse at the sponse of the Jinju.

At that time, there was a hond, bend, bend and bend, and the driver of a motor vehicle has a duty of care to reduce speed and drive safely by checking well the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and got the bus stops in the right side of the running direction due to the negligence of the defendant's negligence to go beyond the floor by shocking the victim D (V, 7 years old) waiting buses within the bus stops.

Ultimately, the Defendant caused the victim to suffer serious injury due to the above occupational negligence, such as the pressure frame No. 1, the right-side frame, the left-hand solitary damage, and the damage to the left-hand beer.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. Reports (1), (2) on traffic accidents;

1. Each report on investigation;

1. A medical certificate and a statement of injury in each of them;

1. Application of Acts and subordinate statutes governing accidents;

1. Relevant legal provisions concerning criminal facts, Articles 3(1) and 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing as set forth below) are as follows: various circumstances, such as the age, sexual conduct, environment, motive, means and consequence of the crime, etc. as set forth in the instant case, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing guidelines (the basic area of the type of ordinary traffic accident No. 1 (the injury by traffic accident): 4 months - one year).

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