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(영문) 창원지방법원 통영지원 2021.01.21 2020고단1428
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 low-priced car.

On July 12, 2020, the Defendant driven the said car with the speed of 04:52, and driven the two-lanes in front C in front of C at a fixed distance, one-lane from the long distance to the long-distance to the long-distance.

Since a crosswalk is installed on the front side, in such cases, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see well the right and the right of the front side and the right and the right of the road, and to drive safely.

Nevertheless, the defendant's negligence, which led to the failure of the defendant's vehicle driving along as it is, caused the victim D ( South, 78 years old) to build the road on the left-hand side of the road along the crosswalks.

As a result, the Defendant suffered injury to the victim, such as an emission frame in need of approximately 32 weeks of treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. Medical certificate (D);

1. Application of Acts and subordinate statutes to the actual survey report;

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

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

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] The injury or danger of a traffic accident [special sentencing person] shall be mitigated (including the area of recommendation and recommendation] caused by efforts to recover damage], and the area of mitigation of punishment [the scope of punishment and recommendation], and January through August of the credit cooperative.

3. Determination of sentence: The defendant's person who has violated the duty to protect pedestrians at the crosswalks, in the event of the incident of six months of imprisonment without prison labor and one year of suspended execution.

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