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(영문) 창원지방법원 마산지원 2018.01.09 2017고단1060
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year 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 motor vehicle B at a low cost.

On August 14, 2017, the Defendant driven the above car at around 23:15, and driven the car to the Sung-gu Scenic, Changwon-si, Changwon-si, Mampo-ro 8, the Defendant driven the front of the “eart” road from the third distance along which he could not see the road.

At the time, she was placed around at night, and there was a yellow flickering signal and crosswalk installed at the front door, so the driver engaged in driving of the motor vehicle has a duty of care to check whether there is a person who gets on the front door and the right and the right and the right and the right and the right and the right are well and to safely drive the motor vehicle.

Nevertheless, the defendant neglected this and went beyond the road by shocking the victim C(16) who crosses the crosswalk to the right side from the left side of the road by his negligence.

As a result, the Defendant suffered injury to the victim from an occupational negligence in light of the following: (a) the Defendant was accompanied by a non-felball, which requires approximately 14 weeks of treatment; and (b) the Defendant suffered from an injury to the end of the c

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs by cutting on-site photographs and black stuffs images;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment on the sentencing criteria: The basic area (from April to one year) of the type of general traffic accident (the scope of the recommended punishment) shall be from April to one year (the scope of the recommended punishment) of the credit cooperative; and

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

A disadvantageous condition: The defendant's fault to cut the crosswalk.

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