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(영문) 창원지방법원 마산지원 2018.08.28 2018고단157
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of Clearning Motor Vehicle.

On October 28, 2017, the Defendant driven the said car at around 16:55, and changed the course to three-lanes in front of the “EKa Center” located in D in the Changwon-si, Changwon-si, Yongsan-si, by driving the said car at around 16:5.

In such cases, the driver had a duty of care to prevent accidents by changing the vehicle line with the driver's duty of care while living well on the right and the right and the right.

Nevertheless, the Defendant neglected this and parked a Fpole car in three-lanes as it was by the negligence of changing the course into three-lanes, and did not discover the victim G ( South, the age of 33) who was in the vehicle inspection after the above vehicle and did not find the victim G (the age of South, the age of 33). The victim was shocked by the driver in front of the right side of the vehicle of the Defendant and turned the victim into the front right edge.

Ultimately, the Defendant suffered serious injury, such as 2 culverververization, which is likely to cause death to the victim due to the foregoing occupational negligence, and requires treatment of at least 32 weeks in which it is impossible to lead a daily life.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A copy of each medical certificate of G (22 pages of investigation records, 69 pages) and an investigation report (with respect to response to determination of a serious injury);

1. Reporting on the occurrence of traffic accidents and the application of Acts and subordinate statutes governing the actual survey report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

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

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

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

1. Scope of punishment by sentence under Acts: One month to five years of imprisonment without prison labor;

2. The scope of punishment recommended according to the sentencing criteria: Eight months to two years of imprisonment without prison labor.

(a) Determination of type: One type of traffic accident in general;

B. Special sentencing factors: serious injury.

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