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(영문) 창원지방법원 2016.05.27 2016고단600
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 low-priced car.

On January 21, 2016, the Defendant driven the above car at around 10:23, and led to the left turn to the right turn in the direction of the graf in the front of the D Beauty Room C at the window of Changwon-si.

Since there is a crosswalk, in such a case, the defendant was paid the victim E(53) to the left side from the right side of the car driving on the right side of the vehicle at the right side of the vehicle at the right side by negligence when the left turn is left without neglecting the speed, even though there was a duty of care to safely drive by examining whether the driver of the vehicle is a pedestrian, without reducing the speed.

As a result, the Defendant suffered injury to the victim, such as the Plaintiff’s satisfing the upper left-hand satisfy in need of approximately eight weeks of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements (E);

1. A report on the occurrence of a traffic accident, intensity at the scene of a traffic accident, photographs related to a traffic accident, and a survey report on actual condition;

1. Reports on internal accidents;

1. A criminal investigation report (Attachment to images of an accident);

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general traffic accidents: The basic area (4 months to 10 months) (the person subject to special sentencing] (the person subject to special sentencing] of the basic area (the person subject to special sentencing: the person subject to mitigation) of the punishment is not subject to punishment;

2. The traffic accident of this case, to which a sentence is to be sentenced, shall determine whether or not there is a pedestrian in the crosswalk when the defendant runs the road along the crosswalk; and

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