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(영문) 창원지방법원 밀양지원 2017.09.28 2017고단357
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 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 cuss car in C.

On April 18, 2017, the Defendant driven the above car at around 14:50 on April 18, 2017, and went from the office of immigration to the office of heading, 00 elementary school.

Since the location is an intersection with red flickering lights installed in the front bank, in such a case, the driver had a duty of care to safely drive the driver prior to temporary suspension and the driver had a duty of care to safely drive the driver prior to his/her access to the intersection according to new subparagraph.

Nevertheless, the Defendant neglected to stop for a temporary stop before entering the road and proceeded to Daegu from the office of the opposite side of the victim D(52 ) who driven by the Defendant from the right side of the E rocketing passenger car driven by the Defendant at the front of the car driven by the Defendant, while the said rocketing passenger car proceeds to the right side of the vehicle, the Defendant got again the victim F(54 ) who was on the right side of the road while driving the said rocketing passenger car at the right side.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as salt, tensions, etc. in need of approximately three weeks of treatment, and the victim F, the victim F, who suffered from the injury, such as pulverization in the center of the left-hand flas in need of approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The application of statutes, such as a survey report and a diagnosis report (D et al., Counsel for the defendant-appellant);

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommending punishment] of the Criminal Act: The area of mitigation (one month to eight months) (the person with special mitigation) is not subject to punishment (the recovery of damage).

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