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(영문) 창원지방법원 2016.05.27 2016고단565
교통사고처리특례법위반
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

On January 17, 2016, the Defendant driven a turfed vehicle B, around 18:05, and proceeded with 7 roads at the window of Changwon-si at Changwon-si at the window of Changwon-si at the Scurb, and was going to the turth of the tunnel, while driving the turf at the Scurb, at the Scurg.

Since there was a crosswalk installed on the front side and the U.S. is not a section permitted for the internship, the driver of a motor vehicle has a duty of care to comply with the traffic laws and regulations and prevent the accident from occurring, but the defendant neglected it and gets a U.S. to the right side from the left side of the running direction of the motor vehicle of M. M. to the front part of the motor vehicle of the defendant.

Ultimately, the Defendant caused the victim to suffer injury, such as the mouth of the body body felb, accompanied by the right felball, which requires approximately 14 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a brief map at the beginning of a traffic accident and on the actual condition survey report (1, 2);

1. A photograph of the vehicle involved in the accident or an accident site photograph;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

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. Selection of a credit cooperative without prison labor for punishment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general traffic accidents: The basic area (4 months to 10 months) (the person subject to special sentencing] (the person subject to special sentencing] of the basic area (the person subject to special sentencing: the person subject to mitigation) of the punishment is not subject to punishment;

2. The traffic accident of this case where the sentence of sentence is determined is only possible to turn to the left, but it is caused by negligence not properly ascertaining whether a pedestrian is on the crosswalk while making a U-turn at a place where a U-turn is prohibited.

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