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(영문) 창원지방법원 진주지원 2017.08.29 2017고단384
교통사고처리특례법위반(치상)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(b) the defendant;

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of the BRUSING125 124cc.

On March 14, 2017, the Defendant driven an off-line 22:00, and driven a road on the two-lanes in front of the D Hospital in Jin-si, Jin-si, Jin-si, Jin-si, the Defendant proceeded at about 40km each hour from the parallel side of the Jin-si to the new rogate, along two-lanes.

At the time, since it was difficult for a driver to see the front light due to the beam of the headlights of motor vehicles operated at night, there was a duty of care to reduce the speed and prevent accidents in advance by taking into account the right and the right and the right of the driver.

Nevertheless, the defendant neglected this and did not discover the victim E (56) who was crossing the right from the left-hand side by negligence and did not discover the victim E (56) and got the victim's body in front of the above Oba, and exceeded the ground.

Ultimately, the Defendant suffered injury to the victim by occupational negligence as seen above, such as cutting the pelle between the right pelle and the right pelle in need of approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement related to the F or E traffic accident;

1. Photographs related to accidents;

1. A traffic accident report, intensity at the scene of a traffic accident, each traffic accident report, and photographs at the scene of an accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the social service order: The occurrence of serious injuries and no effort to recover damage is made; favorable circumstances: The confession of a crime, reflectivity, and no previous offense are committed; and the victim has a substantial negligence in the occurrence of

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