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(영문) 창원지방법원 2016.12.16 2016고단3160

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.


Punishment of the crime

The defendant is a person who is engaged in driving a B-hand vehicle.

On 20:20 on 14:14:20 on 2016, the Defendant driven the above car, and driven the road in front of the D in C at the window of Changwon-si, Changwon-si, one-lane out of the four-lanes from the dong Eup to the window of Changwon-si.

Although there is a duty of care to drive safely with a median line installed at that place, the Defendant neglected to do so while driving a mobile phone, the Defendant, while neglecting the duty of care, shocked the center line by the negligence of using a mobile phone and led normally to the opposite direction of the victim E(E, South, 73 years old) driving, with the front part of the vehicle in front of the vehicle in front of the vehicle in front.

Ultimately, the Defendant suffered injury to the victim, such as a chest felling, which requires approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident (1), report on the actual condition of a traffic accident (1:2), photograph of the party involved in the accident

1. Application of Acts and subordinate statutes to medical certificates;

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

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The range of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident category I (the injury resulting from traffic accident) (one month to eight months) (special mitigation) shall not be punished;

2. The Defendant, who was sentenced to the sentence, caused the instant traffic accident by negligence committed while using a mobile phone while driving, and the degree of negligence by the Defendant is more severe in the course of the crime. The degree of injury suffered by the victim of the instant traffic accident is relatively heavy, and the Defendant had the record of being sentenced to the fine on the ground of the death of the traffic accident in 208.