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(영문) 창원지방법원 2015.12.01 2015고단2659
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is the driver of the Lone Star vehicle.

On February 12, 2015, the Defendant driven the above vehicle at around 16:00, while driving the vehicle, the window C of Changwon-si led to the two-lane road next to the window C in the Changwon-si.

Since there is a place where pedestrians are frequent around apartment, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly manipulating the steering direction and brake system and properly manipulating the surrounding area.

Nevertheless, the defendant neglected this and proceeded as it is, while driving on the road to the right side of the victim D (n, 9 years old) who illegally crossed the road to the right side of the proceeding direction, the left side part of the victim D (n, 9 years old) was divided into the rear wheels part of the above vehicle.

The Defendant suffered from a serious injury by negligence in the course of business as seen above, such as a 10-day medical treatment of the victim, 's satisfing away from the satch of the side of the unit, and alley, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Statement of opinion (whether serious injury is involved);

1. Application of Acts and subordinate statutes to report on investigation (related to a written statement as to whether a victim is seriously injured);

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type I (Special Mitigation) (Article 62 (1) of the Criminal Act) where there is considerable fault in the occurrence of traffic accidents or the expansion of damage even to victims of the basic area (Article 62 (1) of the Act on the Suspension of Execution / Where a serious injury has occurred (Article 1) / Where a sentence is rendered] four months without prison labor, the suspension of execution one year (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1)

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