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(영문) 창원지방법원 2017.08.03 2017고단1711
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 the current person who is engaged in driving of the current unique Lone Star truck.

On March 31, 2017, the Defendant driven the above cargo vehicle around 09:30 on March 31, 2017, and proceeded to the direction of the private distance intersection of the D hospital located in Sungwon-gu, Sungwon-si, Sungwon-si, in the direction of the Private Road in the direction of the headquarters of the Corporation.

At the same time, the signal lights are installed, so in such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and failed to proceed with a stop signal, and neglected to go against the Defendant’s vehicle driving in the opposite direction to the Defendant’s vehicle driving direction by the victim E (57 tax) which had been driven by the U.S. in accordance with the new code, was the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational division and office for about eight weeks of treatment, such as cutting the left-hand pelle, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, various circumstances, including the following circumstances, Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., as well as the conditions of sentencing specified in the instant case, including the circumstances after the crime, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee (the basic area of traffic accident injury: April - 1 year), shall be determined as per the order.

The defendant makes a confession.

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