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(영문) 창원지방법원 2018.04.18 2018고단19
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle B 108c motor device.

On December 2, 2017, the Defendant driven a bicycle for the motor device at around 20:30, while driving the bicycle at around 20:30, the Defendant driven the three-lane road in front of the “D Hospital” in Kimhae-si C along the three-lane distance from the kingn Station at the direction of the kingn Station.

At the time, since it is night and a place where a signal is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing speed and by properly examining the right and the right and the right of the motor vehicle.

Nevertheless, by neglecting this, the Defendant neglected to change the vehicle driving signal to the stop signal, and neglected to proceed as it was, the Defendant received the victim E (46) and F (18) crossing the road from the right side of the direction of the Defendant’s proceeding to the left side of the green pedestrian signals, as the front part of the bicycle for the driving engine device of the Defendant.

As a result, the Defendant suffered from the above occupational negligence, such as injury to the victim E, such as the left 14 weeks of medical treatment, the upper part of the upper part of the upper part of the upper part, and the victim F, with approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. Application of the Acts and subordinate statutes governing CCTVs, such as a report on the occurrence of a traffic accident, on-site photographs, actual condition survey reports, ledger of driver's licenses, medical certificates, opinions of opinions, CCTV images, and CCTV image CDs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures [the scope of recommended punishment] is a violation of the basic area (the imprisonment without prison labor for not less than four months to one year) (the decision of sentence] and the suspension signal.

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