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(영문) 창원지방법원 2017.04.19 2017고단331
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years 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 K5-car.

On December 8, 2016, the Defendant driven the above car at around 16:35 on December 16, 2016, and moved to the right of way from the 3rd Dong Office to the police station of the sub-police station by Kim Jong-dong.

Since a crosswalk is installed at the front door, there was a duty of care to check whether a person engaged in driving service has a way to reduce speed and to check the front door and the right and the right of the road well and to safely drive the road.

Nevertheless, as the Defendant neglected to do so and proceeded with it, the Defendant took the part of the victim C(13)’s left side bridge crossing the crosswalk from the right side of the Defendant’s running direction to the left side of the crosswalk pursuant to the pedestrian signals, and took it over to the victim’s front part of the Defendant’s car, thereby causing injury to the victim, such as a spawn fre, which requires treatment for about three months.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Article 268 of the Criminal Act (Punishment of Imprisonment without prison labor);

1. Persons who are subject to the special sentencing guidelines in the period of suspension of execution, Article 62(1) and Article 62-2 of the Criminal Act, and Article 62-2 of the Order to Attend the lecture: The sentencing guidelines in the period of one traffic accident resulting from the aggravation of the classification of types, which is the basis of the mitigation of types, between January and August, and August through August, and two years: The sentencing guidelines in the area of mitigation of the mitigation (in the case of January through August): The sentence in the area of mitigation (in the case of the first sentence, the first sentence): The sentence in the case of imprisonment without prison labor for one year: the imprisonment without prison labor for a term of six months or suspension of execution, two years of the suspension of the execution of the sentence, the reason for the aggravation of the order to attend the lecture: The reason for mitigation, such as a confession, the victim's penalty, the first sentence

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