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(영문) 창원지방법원 2018.12.12 2018고단2920
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 B-T bus.

On October 5, 2018, the Defendant driven the above bus around 18:25, and moved to the right of way the two-lanes of the D Oil Station C located in the window of Changwon-si, and the two-lanes of the C Oil Station C, which are located in the right of way in the right of way in the right of way in the right of way in the right of way in the right of way.

There are crosswalks where signal lights are installed, so in such cases, there was a duty of care to check whether a person engaged in driving service has a way to reduce speed and to check the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the defendant neglected this and immediately found the victim E (54 ) who gets the crosswalk from the right side of the defendant's proceeding to the left side of the road, in accordance with the pedestrian signals, due to the negligence of the defendant. However, the defendant was the victim at the right part of the front part of the above bus that the defendant is driving without being faced.

Ultimately, the Defendant suffered injury to the victim as a result of such occupational negligence, i.e., pulverization and closure of a off-frame ballel ballelel, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, drug map at the scene of the accident, on-site photographs, and investigation reports (Attachment of black stuffs);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] In general traffic accident: From one to eight months without prison labor; Special sentencing factors: The following circumstances include the Defendant’s age, gender, degree of the Defendant’s negligence in the instant crime, circumstances before and after the instant crime, and circumstances after the crime.

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