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(영문) 창원지방법원 진주지원 2017.05.31 2017고단86
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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.

On December 19, 2016, the Defendant driven the above car at around 07:00, and led the two lanes in front of Sacheon City, Sacheon City, to the fishery market room room in the front of the Ddo located in Sacheon City.

The driver of any motor vehicle at a crosswalk in which the crosswalk is installed shall examine whether there is a pedestrian by taking into account the front side well, and when the pedestrian passes the crosswalk, the driver has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct the crossing of the pedestrian or endanger the pedestrian.

Nevertheless, the Defendant neglected this and did not stop the front door in front of the crosswalk and did not temporarily stop in front of the crosswalk, and followed the part of the victim E (the 64 years old) who passed the crosswalk to the right side from the left side of the running direction of the Defendant, with the front part of the said car.

As a result, the Defendant caused the victim to suffer bodily injury, such as blood transfusion, which requires treatment for about six months, due to such occupational negligence.

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 with regard to F;

1. An accident scene photograph;

1. CCTV images;

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

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 concerning criminal facts;

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

1. The defendant's age, sexual conduct, environment, circumstances of this case, means and results, and all of the sentencing conditions set forth in the arguments of this case, such as the defendant's age, sexual conduct, circumstances after the crime, etc., within the scope of the sentencing guidelines for the reasons of sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the recommendation and sentence of sentencing for the reasons of sentencing under Article 62-2 of the same Act (the period from April to one year in which

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