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(영문) 창원지방법원 2016.06.16 2016고단46
교통사고처리특례법위반
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

Criminal facts

The defendant is a person who drives a PP vehicle.

On October 23, 2015, the Defendant driven the above vehicle at around 17:57, and led the Military Manpower Administration, which is located in the new road of the Changwon-si, to the police station from the side of the Gyeongnam Local Police Agency.

Since a crosswalk is installed on the front side, there was a duty of care to check whether or not a person who drives a motor vehicle has a road to reduce speed and to see well the right and the right and the right of the road, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the front side of the victim E (Woo 20 years old) who cross the crosswalk from the right side of the front side to the left side of the crosswalk without reducing the speed, and had the above front side of the above vehicle go beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as “live surgery abroad,” which requires approximately eight weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A survey report on actual conditions;

1. Medical certificates, etc.;

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] There is no person who has the basic area (from April to October) (the person who is subject to special sentencing) [the sentence] [the decision of sentence] 6 months of imprisonment without prison labor, 2 years of suspended execution (the circumstances of accidents, degree of injury, reflects the degree of injury, automobile accident, automobile comprehensive insurance, and the fact that there is no record of criminal punishment other than once of fine, etc., the above sentence shall be imposed after comprehensive consideration of the following:

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