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(영문) 창원지방법원 2016.07.19 2016고단1546
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

Criminal facts

The Defendant is a person who is engaged in driving a K5-car.

On April 4, 2016, the Defendant was at the speed of about 30 km from the direction of the police station in the Yellow Sea, where the Defendant was at the speed of 973 meters in the Jinhae Sea, at the speed of about 30 km from the direction of the police station in the Yellow Sea, along the intersection of the private distance in this Dong.

On the other hand, the 21m U.S. section is separately installed, and the yellow-ray central line is installed on the 11.5m section past the U.S. section, so a person engaged in driving motor vehicles has a duty of care to prevent accidents by examining the right and the right and the right of the U.S. section.

그럼에도 불구하고 피고인은 이를 게을리 한 채 유턴 금지 구간에서 만연히 유턴을 하여 중앙선을 침범한 과실로 때마침 맞은 편에서 편도 3 차로 중 1 차로를 따라 진행하던 피해자 C(32 세) 이 운전하는 D 오토바이의 앞부분을 위 승용차 좌측 뒷부분으로 들이받고, 그 충격으로 튕겨 진 오토바이가 맞은 편에서 진행하던

E Launasi was re-employed.

Ultimately, the Defendant suffered injury, such as pulverization in need of approximately 14 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each traffic accident report;

1. Photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing [the scope of recommended punishment] Article 62(1) of the Act on the Punishment of Traffic Accidents (one month to eight months) [the person who is specially mitigated] Article 8(1) [including the person who has been unable to punish [the sentence] [the decision of sentence] for April of imprisonment without prison labor, four months of suspended sentence (the reasons for the accident, the degree of injury, the degree of violation, the agreement

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