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(영문) 창원지방법원 밀양지원 2013.08.22 2013고단109
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B M& car.

At around 23:50 on November 10, 2012, the Defendant: (a) failed to discover the victim C (A) who was crossing the road to the right side from the left side of the course of the collision due to occupational negligence when he was negligent in performing the duty of Jeonju City, while driving the said vehicle and driving the said vehicle on the front side of the said vehicle, and driving the vehicle at around 6 weeks at around 23:50, and going to the left at the seat of the office of the Eup/Myeon in South-do, Nam-gun, Nam-gun, Nam-gun, Nam-gun, the Defendant sustained the injury of the victim by shocking the victim C with the front part of the said vehicle for about 6 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements in C and D;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The summary of the facts charged in this case concerning the dismissal of prosecution under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures is as follows: (a) on November 10, 2012, the Defendant: (b) instead of driving a Maz car at around 23:50, the Defendant incurred injury to the victim D (the age of 17) who was a pedestrian, by shocking C crossing the road to the right side from the left side of the course due to occupational negligence, when he neglected to perform the duty of the front direction while driving the Maz car at around 23:50, and instead, he neglected to turn to the left at the seat of the office of the Eup/Myeon located in the area of the academic world or the distance.

This part of the facts charged is a crime falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. The victim D expressed his/her wish not to punish the Defendant on February 8, 2013, which is after the instant indictment was instituted.

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