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(영문) 창원지방법원 2015.06.17 2015고단321
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

At around 13:10 on December 17, 2014, the Defendant came to turn to the left to the right from the direction of the Na infrastructure, which is in the direction of the person with the right to turn to the right to the left in the direction of the sub-party.

At this point, there is an intersection of the distance where a signal, etc. is installed, so it is confirmed whether a person engaged in driving a motor vehicle has a motor vehicle to reduce the speed, and whether it is possible to see well the left and right of the motor vehicle, and even though he has an occupational duty to safely drive the motor vehicle in accordance with the new subparagraph, the defendant neglected this duty and neglected to do so, while neglecting the fact that the vehicle is changed to a stop signal and failing to turn to the left at the left by the negligence that the victim E (the age of 35) driven in accordance with the normal signals and led the victim to turn to the right side from the left side of the motor vehicle of the defendant, thereby falling off the victim on the ground.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 10주간의 치료가 필요한 무릎뼈의 골절, 개방성의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident, a report on the actual condition survey, an accident site, and black images of a maritime vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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 accidents in general shall be subject to the mitigation area (one month to six months from the injury caused by traffic accidents) (special mitigation person] in the first category of traffic accidents;

2. The Defendant, who has rendered a sentence, needs to give approximately ten weeks of medical treatment to the victim by causing a traffic accident due to negligence, such as the statement of facts constituting a crime.

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