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(영문) 창원지방법원 2014.08.12 2014고단416
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On December 19, 2013, the Defendant, who is engaged in driving of C-learning, driven the said car at around 15:48 on December 19, 2013, and proceeded one way in front of the 33-1 “Korea E-U.K.,” located in the Changwon-si, Changwon-do, as a “private Fagrag.”

A person engaged in the business of driving a motor vehicle has a duty of care to reduce the speed if there is a crosswalk in front of the driving direction, and to properly operate the steering direction and brakes well, to prevent pedestrian accidents.

Nevertheless, the Defendant neglected this and got the victim D (the age of 72) who is towing the bicycle in front of the said passenger vehicle as the front part of the said passenger vehicle and suffered approximately eight weeks of medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D, F, and G;

1. A written diagnosis of injury;

1. 교통사고발생상황보고, 실황보고서, 사진 [교통사고발생보고서에 피해자가 자전거에 탑승한 것으로 표현된 것은 사고 당시 현장에 출동한 경찰관인 F가 피고인의 진술에 기초하여 이를 작성하였기 때문이고, 피해자 및 목격자들의 진술에 비추어 보면 피해자는 자전거를 끌고 횡단보도를 건넜던 사실을 인정할 수 있다.] 법령의 적용

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Grounds for sentencing of selective imprisonment without prison labor;

1. Scope of the injury caused by traffic accidents according to the sentencing criteria: April to October of the credit cooperative; and

2. Normal circumstances taking into account: There is no previous conviction - the unfavorable normal circumstances: the degree of the injury is heavy, while the accident in the crosswalks is serious, there is no use by the victim, and there is no serious reflect.

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