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(영문) 창원지방법원 통영지원 2014.04.18 2013고단969
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cgner car.

On May 3, 2013, the Defendant driven the said car on May 18:50, 2013, and led the first line of the road, which is 10-3, from the Myeon Office of Private School, to the Myeon Office of Private School at the Myeon Office of Private School.

At this point, there was a child protection zone in the front door and the road width was narrow, thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door while driving the motor vehicle, and by accurately manipulating the steering direction and the brake system.

Nevertheless, the defendant neglected to do so and went on the right side of the victim D, who walked on the right side of the opposite side of the road, was shocked with the face side of the victim D(W, 72 years of age) as the right side of the car.

Ultimately, the Defendant suffered a serious injury on the part of the victim due to the above occupational negligence, such as blood cerebral brain injury, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual condition survey report;

1. Statement to E by the police;

1. Application of statutes to medical statements, opinions, and medical certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The defendant and his defense counsel's assertion regarding the defendant under Article 62-2 of the Criminal Code of the Social Service Order and the defendant's defense counsel asserted that the degree of injury suffered by the victim due to the traffic accident in this case does not fall under Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and since the vehicle driven by the defendant is covered by the motor vehicle comprehensive insurance, the prosecution in this case shall be dismissed in accordance with

According to the statement on whether or not the statement of intention is serious.

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