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(영문) 창원지방법원 2016.03.29 2015고단3273
교통사고처리특례법위반
Text

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

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving a dump truck.

On November 9, 2015, the Defendant driven a dump truck on the 11:20th day of the 2015, while driving a dump truck and driving a road near the Gu Community Center located in the summer-dong, which is located in the summer-dong, along the four-lanes from the high school room to the Gyeong-dong-dong-dong-dong gate, and stopped the dump truck in accordance with the provision of the said dump truck.

Since there is a crosswalk where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents by safely driving the front door and the right and the right and the right and the right in accordance with the new code.

Nevertheless, the defendant neglected this and did not discover the victim D (53) who was crossing a crosswalk on the right side of the left side in accordance with the Mump pedestrian signals, which was caused by the negligence of making an intern on the four-lane, even though it was a stop signal, and did not discover the victim D (53) who was crossing a crosswalk on the right side of the above dump truck.

Ultimately, the Defendant suffered injury to the victim, such as the cage of cageage at the right cage, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Si roads;

1. A medical certificate;

1. Application of the written estimate statutes;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommended punishment] The grounds for sentencing under Article 62(1) of the Criminal Act [the grounds for the suspended sentence] No person [the person subject to special sentencing] [the decision of sentencing] [the person subject to the above sentence] [the decision of sentencing] 4 months, the suspended sentence of imprisonment without prison labor for 4 years, one year (the circumstances of accidents, the degree of negligence, the degree of injury, the degree of comprehensive insurance, the agreed fact that there is no record of criminal punishment exceeding the fine, the fact that there is no record of criminal punishment beyond the

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