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(영문) 창원지방법원 진주지원 2018.03.27 2017고단890
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

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

On August 31, 2017, the Defendant driven the above car at around 19:05, and driven the above car at around 19:05, the Defendant driven the three-lane road in front of the elementary major institute in the Southern River of Jinju City along the two-lanes from the boundary of each market to the intersection of the Southern River.

In this case, the driver of the motor vehicle has a duty of care to thoroughly drive the motor vehicle in the front direction and safely drive the motor vehicle in accordance with the new subparagraph, and temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian.

Nevertheless, the defendant neglected the above duty of care and neglected and proceeded with the stop signal as it is, by negligence, caused the victim D (the age 29) who dried the crosswalk from the right side of the defendant's proceeding to the left side in accordance with the pedestrian signals.

After all, the Defendant suffered from the victim’s occupational negligence in 1 year and six months of less than one year and six months of medical treatment with no open room for treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A traffic accident report and an accident-related photograph;

1. Investigation report (as to the violation of signal and the violation of duty to protect pedestrians);

1. An investigation report (Attachment to CDs);

1. A medical certificate;

1. Application of Acts and subordinate statutes to a written application for coal (including a medical certificate);

1. Article 3(1), Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents - Reasons for imposing a sentence of imprisonment without prison labor: In the event of an injury, the illegality of the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (a

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