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(영문) 창원지방법원 진주지원 2018.07.11 2018고단269
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 C Doz. 125 Obane.

On January 16, 2018, the Defendant driven the off-road 21:45 above the off-road and proceeded at the speed below the speed of the city in accordance with the speed of one of the two-lane roads at the speed from the direction of the Jinju to the terminal of the cross-city bus.

At the time of night, the passage of the front door of the night, and there was a crosswalk installed at the front door of the front door without signal lights. In such a case, there was a duty of care to temporarily stop and prevent accidents in advance, if a pedestrian is crossings by reducing the speed and keeping the front door well.

Nevertheless, the defendant neglected this and did not discover the victim FF (53) who crosses the marina from the left side to the right side while driving at the same speed, and did not discover the victim F (53) who crosses the marina from the left side, and had the victim use the part of the victim's left-hand left-hand side as it is.

Ultimately, the Defendant suffered injury to the victim during 12 weeks of medical treatment due to the foregoing occupational negligence, such as a unit that requires approximately 12 weeks of treatment, and a flavers before pulverization.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. A written statement;

1. A medical certificate;

1. Application of CCTV Acts and subordinate statutes;

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: Selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The sentencing guidelines are recommended to be applied: One month to eight months (the area of mitigation): No person subject to special sentencing shall be subject to punishment;

2. The negligence is that a person who was placed in a crosswalk with the decision-making crosswalk was incurred in cutting the upper end of the 12th century in front of pulverververization.

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