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(영문) 창원지방법원진주지원 2020.10.14 2020고단1494
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 became final and conclusive.

Reasons

Punishment of the crime

On June 23, 2020, the Defendant driven a B B B Bbeer or a car on June 23, 2020, and led the front of the opposite district road in the opposite district at the time of Jinju to the boundary of the Corporation's square distance from the Chungcheong Joint Protection Area.

Since there are crosswalks without signal lights, there was a duty of care to prevent accidents by reducing speed and checking the right and the right and the right of the crosswalk well.

In this forum, the Defendant neglected this and did not look at the right and the right and the right and the right and the right and the right and the right of the victim C (the age of 78) who was standing the crosswalk.

The Defendant suffered injury to the victim, such as a mouth flads, which requires approximately 12 weeks of medical treatment, due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of general traffic accidents according to the sentencing guidelines shall be limited to the range of recommendations (type 1) and the area where the injury caused by traffic accidents is mitigated (type 1), January through August of a credit cooperative;

2. The decision-making crosswalk to sentence sentence causes a traffic accident to the victim walking along the crosswalk and the degree of damage is high;

However, the vehicle recognized as a crime, and the vehicle is covered by the comprehensive motor vehicle insurance, and the victim is not punished by mutual consent with the victim.

In addition, the criminal records, etc. of defendants are taken into account.

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