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(영문) 창원지방법원 2017.04.21 2017고단839
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 driving a rocketing car.

On February 15, 2017, the Defendant driven the above car on the 15:40 on February 15, 2017, and led the mobilization log apartment 104, which is located in the 123-ro, Sungwon-si, Sungwon-si, Sungwon-si, to proceed in the direction of the new village.

Since it is a child protection zone, there was a duty of care to drive with due care for the safety of children by examining the front side and the left side.

Nevertheless, the Defendant neglected to do so and proceeded with the part of the bridge of the victim D(9) which was unclaimed from the right side of the Defendant’s vehicle driving direction to the left side by his negligence, was shocked into the front part of the right side of the above vehicle.

The summary of the evidence that the defendant suffered injury to the above victim due to the above occupational negligence during approximately eight weeks of medical treatment, as a result of the closure of the bones of Jung River, which requires medical treatment.

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual investigation report on traffic accidents;

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. In the case of sentencing of Article 186 of the Criminal Procedure Act (300,000 won based on the counsel's basic fee for the national defense counsel) on the basis of the classification and mitigation of the types of crimes, the person injured by a traffic accident who is subject to the special sentencing guidelines from January to August to August to February: The sentencing of the mitigated factors (unlimited to the punishment): The sentencing of the mitigated factors (one to eight months): The sentence of the former imprisonment without prison labor that is sentenced for six months: The imprisonment without prison labor for a period of six months: the imprisonment without prison labor for a period of two years: the minor's severe injury, etc.; the confession and the non-prosecution of the victim's punishment;

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