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(영문) 창원지방법원 2014.08.12 2014고단979
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person driving a Crano-car.

On December 18:50 on December 12, 2013, the Defendant driven the said car, and proceeded in the direction of sexual injection direction from the direction of the tunnel for the public and private road road in Seongbuk-gu, Sungwon-si. On the other hand, the Defendant had a duty of care to safely drive the said car by checking whether a signal apparatus and crosswalk are installed. Thus, the person engaging in driving service had a duty of care to safely drive the car by reducing speed according to the new code, and by checking whether there is a person who gets on the crosswalk.

Nevertheless, the Defendant, by negligence in contravention of the signal, shocked the lower part of the victim D (ma, 21 years old) and E (ma, 26 years old) where the crosswalk was built on the right side of the road along the pedestrian signal from the direction to the left side of the road.

As a result, the Defendant suffered injury, such as 5th left-hand flag, which requires approximately four weeks of medical treatment to the victim D through such occupational negligence, and suffered injury such as an internal flag, which requires approximately three weeks of medical treatment to the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photograph scene photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Scope of recommendations based on the sentencing criteria - The basic area causing traffic accidents: April to October of credit cooperatives; and

2. Circumstances taking into account - reflectivity - Unfavorable circumstances: The victim's injury is not written, the degree of violation of laws and regulations is heavy, and there is no effort to seek a letter from the victims, and D's strict lakes and marshes - Other Defendant's age, character and conduct, health conditions, home environment, motive, means, result, and result of the crime.

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