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(영문) 창원지방법원 진주지원 2015.10.28 2015고단667
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 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 car in a SP area B.

Around 14:00 on April 4, 2015, the Defendant driven the said car and proceeded at a low speed on the side of the D-do road in front of the Ha-dong C, Ha-dong, Ha-dong, Ha-dong, Seoul, at a low speed.

Since a crosswalk is installed at a front door, in such a case, the driver of the motor vehicle had a duty of care to see the front door and accurately operate the operation and steering gear of the motor vehicle and to safely proceed with the pedestrian with due care.

Nevertheless, the defendant neglected this and proceeded with the victim E (the 74 years old) who was a building of a road along the crosswalk from the left side of the running direction of the defendant to the right side by the negligence of the defendant's occupational negligence proceeding, which led to the defendant's failure to leave the front side of the car.

As a result, the Defendant suffered injury, such as cutting down the pellets that need approximately eight weeks of treatment from each other due to the occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report and a traffic accident report;

1. Application of Acts and subordinate statutes to medical certificates and opinions on serious injury;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended on the sentencing criteria [decision of type] traffic accidents caused by traffic accidents (special-purpose persons] and not punished (the scope of recommending punishment], and imprisonment without prison labor for not less than one month but not more than six months;

2. In light of the fact that the Defendant’s breach of duty of care in the determination of sentence and the degree of injury inflicted on the victim, etc., the Defendant’s liability is not less than that of the crime, but the Defendant’s violation of his criminal act, and the vehicle driving of the Defendant.

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