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(영문) 창원지방법원 통영지원 2017.12.20 2017고단1212
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 of a vehicle C with low-priced typ.

On December 17, 2016, the Defendant driven the above vehicle at around 06:50 on December 17, 2016, and driven the five-lane road in the front of the E, which is located in Dong at the time of Tong Young-si, with the view to the private distance protection from the front private distance.

At the same time, the passage of vehicles and pedestrians is frequent, and the surrounding areas have not been easy to secure the view due to the erosion of the time, so there was a duty of care to see the right and the right and the right of the vehicle driver and to drive the vehicle safely.

Nevertheless, the Defendant neglected to do so and neglected to do so, and instead neglected to do so, received from the left side of the running direction of the Defendant the parts of the victim F(65) crossing the said road to the right side of the victim F(65).

As a result, the Defendant suffered from an incurable or incurable injury to the victim, such as “cerebrovascular injury,” which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Road traffic mark, vehicle, etc. at a speed limit, and traffic accident analysis report;

1. Screenings of CCTV images and photographs at the scene of accidents after cutting down the CCTV images;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) 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. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the basic area (four months to one year) (the victim] of the type (the victim of a special mitigation) of traffic accident in the basic area (the victim of a special mitigation) [the victim]] of the victim of the occurrence of the traffic accident or the expansion of damage caused by the traffic accident (the victim of a special aggravation).

3. The recognition function of the victim due to the instant traffic accident, the sentencing decision of which has been rendered;

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