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(영문) 창원지방법원 2017.09.27 2017고단2546
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 a person who is engaged in driving a CM3 car.

On June 19, 2017, the Defendant driven the above car on a road around 06:35, which is located in the 46-ro of the city of Changwon-si, the city of Changwon-si, and led to the speed of approximately 60 km from the front of the road of the 1-lane 46, which is located in the city of Changwon-si.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.

Nevertheless, in the process that the Defendant, while driving a motor vehicle in the middle line to overtake a bicycle for the victim D (84) driving ahead of it, the Defendant neglected this and went back to the original line, received the left side part of the bicycle for the motor device that followed the above motor vehicle of the Defendant.

After all, the defendant suffered injury to the victim by negligence of the above business, such as the cutting off of the front wall on the left-hand side in need of approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

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

1. Article 62 (1) and Article 62-2 of the Criminal Act concerning suspension of execution or order to attend a lecture;

1. The sentencing of Article 186 of the Criminal Procedure Act (the basic remuneration of 300,000 won for a national defense counsel) is based on the classification of types of crimes, and the sentencing guidelines of one traffic accident injured by one traffic accident, which is based on the classification of types of crimes: the sentencing guidelines between April and August 1 to August 2: the sentencing of aggravated factors (victim’s severe factors), the sentencing of mitigated factors (unlimited to punishment): The sentencing of general sentencing factors (from April to 1 year): the sentence of imprisonment without prison labor for a term of eight months: the sentence of imprisonment without prison labor for a term of six months: the sentence of imprisonment without prison labor for a term of two years; the reasons for a reduction of twenty-four hours for a course: the defendant’s obvious negligence; the victim of old age; and the reason for a reduction of twenty-four hours for a course: the confession.

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