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(영문) 창원지방법원 진주지원 2016.01.26 2015고단1056
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23, 2015, the Defendant, who is engaged in driving of a low-speed car in C, was driving the above vehicle at around 13:40 on September 23, 2015, and was driving the front road in front of the Gyeongnam-gun of the Gyeongnam-do from the west village to the west village.

Since the above road is marked by the median line, in such a case, the Defendant, engaged in driving a motor vehicle, has a duty of care to safely operate the steering wheel and brakes in a way that well sees the center line, and prevent accidents in advance by operating the steering wheel and brakes in a safe manner, but neglecting the duty of care to prevent accidents, and instead neglecting the duty of care to prevent accidents, the part of the victim E(71) driving a vehicle driving in the front part of the freight vehicle driving by the Defendant was 1 ton in front of the left part of the above vehicle driven by the Defendant.

The Defendant caused the victim to suffer injury, such as a felring, which requires approximately 16 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. E statements;

1. A traffic accident report;

1. A medical certificate or a statement of serious injury;

1. Application of statutes on site photographs;

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

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (the period of April to October) of the type of general traffic accident (the person subject to special mitigation] (including the person subject to special mitigation] / Where the illegality in the proviso to Article 3 (2) of the Act of the Special Cases of the Schoolology is heavy;

2. In light of the fact that the defendant's breach of duty of care in the determination of sentence is serious and the injury suffered by the victim is considerably serious, the defendant's liability for the crime is not minor;

However, the defendant depths his mistake.

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