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(영문) 창원지방법원 2015.06.03 2015고단230
교통사고처리특례법위반
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 a cruise car.

On October 22, 2014, the Defendant driven the above car at around 19:30 on October 22, 2014, and continued to cross the front of the modern industry, which is in front of the Kimhae-si, to the road from the direction of the modern industrial entrance.

In such a case, the driver has a duty of care to temporarily stop the sidewalk immediately before crossing the sidewalk, to prevent the passage of pedestrians after examining the left side and the right side of the sidewalk, and to prevent the accident in advance, despite the fact that there was a duty of care to prevent the accident, the defendant was negligent in neglecting it, and received the part of the bridge of the victim C (the age of 45) on the right side of the road of the driver of the vehicle in question from the right side of the vehicle in question to the left side of the vehicle in question.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand flag and mination of 16 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing), which are favorable to the defendant;

1. Extent of the recommended sentence according to the sentencing guidelines [Scope of the recommended sentence] general traffic accidents in general, the area where reduction is in the area of mitigation (one to six months from the injury caused by traffic accidents) (special mitigation) (special mitigation factors): No penalty shall be imposed;

2. On the other hand, when driving a vehicle determined to be sentenced and entering into a road in the building, there is a person driving along the sidewalk at all times. Therefore, even though the person has a duty of care to cross the sidewalk at all times after temporarily stopping the vehicle, the victim was shocked due to a mistake in failing to do so.

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