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(영문) 창원지방법원 통영지원 2016.06.01 2016고단322
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On November 14, 2015, the Defendant failed to discover the victim C (70 years old) who was standing on the crosswalk of the above bus due to his occupational negligence while neglecting the duty of fronting the road at a speed of about 30km in the speed of about 10km in the city of ancient city bus terminal in the speed of 10km in the city of ancient city bus terminal at the speed of 14:50, the Defendant operated a new bus of B, and caused the victim to suffer from the injury, such as the mouth flasing down on the left side of the bus requiring approximately 14 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning black stuffs, images, and caps;

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] is the basic area (the period from April to one year) of the first type of traffic accident (the period from April to one year) [the person who is specially mitigated or aggravated] victim's punishment is not permissible, and the illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Teaching of Traffic Accidents is heavy;

2. Determination of sentence - Determination of favorable circumstances: The fact that the bus mutual aid association separately agreed with the victim, the fact that it reflects its mistake, and no previous conviction;

(k) Unfavorable circumstances: The fact that the defendant was negligent by an accident at a crosswalk, and the degree of injury to the victim is relatively heavy;

O. - Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, and circumstances after the crime, are equally considered, and community service order is added with reflective and sexual reflection.

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