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(영문) 창원지방법원 진주지원 2018.05.15 2018고단190
교통사고처리특례법위반(치상)
Text

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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

On December 20, 2017, the Defendant driven the above car at around 17:50 on December 20, 2017, and proceeded two lanes in front of the elementary major institute in the south of Jinju City along the two-lanes in the direction of the Geumsan School distance from the intersection of the Southern River.

Since the location is a road with a crosswalk installed on the front side, a person engaged in driving service has a duty of care not to obstruct or endanger pedestrian traffic by examining whether or not pedestrians are on the crosswalk.

Nevertheless, the defendant neglected this and found the victim C (the remaining and 75 years of age) who was standing on the right side of the vehicle of the defendant, and delayed stop, but did not avoid the victim and received the victim as the front side of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as cutting down the upper right pelvis, which requires approximately 10 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Application of two Acts and subordinate statutes to each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: Confession of a crime (the occurrence of a traffic accident due to a violation of the duty to protect pedestrians in crossing protection), serious injury - favorable circumstances: The confession of a crime, and the absence of any criminal record of reflectivity, the same kind of punishment or suspended execution or more, punishment, and subscription to

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