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(영문) 창원지방법원 마산지원 2016.11.01 2016고단777
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 C low-speed car.

On March 15, 2016, around 07:10 on March 15, 2016, the Defendant continued to drive a two-lane road near the two-lanes of the Gyeyang-gu, Changwon-si, Busan Metropolitan City, toward the intersection side of the sub-section, about 40km each hour according to the speed of 40km.

At the front of the road, the signal lights are installed along the intersection and the crosswalk, so in such a case, the driver of the vehicle had a duty of care to properly manipulate the steering gear and the brake system and prevent the accident by properly manipulating the steering gear and the brake.

Nevertheless, even though the signal of the front line is changed to red signal, the defendant neglected this, and due to the negligence of proceeding, found the victim E (E, 34 years old) who walk from the right side of the defendant's proceeding to the left side in accordance with the pedestrian green signal of the crosswalk, and immediately finds out the victim E (E, 34 years old) and the victim E (E, and 34 years old), and caused the victims to go beyond the floor.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim D the injury of the victim E, such as a bridge of the left-hand satise officer who requires approximately 14 weeks of medical treatment, and the injury of the victim E, such as a satise, which requires approximately 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to traffic accident reports and traffic accident occurrence reports;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The following circumstances are the reasons for sentencing under Article 62-2 of the Criminal Act, and other defendants.

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