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(영문) 창원지방법원 2018.04.18 2017고단4041
교통사고처리특례법위반(치상)
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

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle by borrowing B.

On October 13, 2017, at around 15:45, the Defendant driven a car and turned the two-lanes of the distance of one school between the two-lanes in the Dong-dong Kimhae-si, Kimhae-si. The Defendant turned the two-lanes of the two-lanes of the two-lanes of the distance of one school between the two-lanes of the urban park from the seat of the Gimhae Museum to the seat of the urban park.

At all times, a person engaged in driving as an intersection with a signal, etc. has a duty of care to drive safely according to the signals.

그럼에도 피고인은 정지 신호에 그대로 진행한 과실로 피고인의 진행방향 우측에서 좌측으로 정상 신호에 따라 진행하는 피해자 C(36 세) 가 운전하는 D WW125 124CC 오토바이의 좌측 측면을 위 그 랜 져 승용차의 앞 범퍼 부분으로 들이받고, 위 오토바이가 충격으로 튕겨 져 나가 신호 대기 중이 던 E( 여 46세) 이 운전하는 F 아반 떼 승용차의 앞 범퍼를 들이받게 하였다.

As a result, the Defendant caused the above C’s occupational negligence to suffer injury, such as cutting the body of 5 middle-water strings, to the right side in need of approximately 6 weeks of treatment, and the above E suffered injury in salt and tension of the bones of wood, which requires approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, an accident scene photograph, and the current City/Do;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the suspended sentence [the scope of the recommended sentence] - Types 1 (Bodily Injury resulting from Traffic Accidents) in the area of mitigation (~8 months) - Special sentencing factors: The defendant's negligence, committed in violation of the suspension signal, is heavy.

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