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(영문) 창원지방법원 2016.05.26 2016고단669
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in the duty of driving the Damcom.

On February 11, 2016, the Defendant driven the above vans around 20:45, and led to the turn to the left from the right edge of the arm's length distance at the front of the window C in Changwon-si, Changwon-si.

At this point, there is a crosswalk that does not have a signal for a three-distance crossing, so there was a duty of care to prevent accidents in advance by properly examining the surrounding areas, such as reducing the speed and whether there is a pedestrian crossing.

Nevertheless, if the defendant was negligent in neglecting the front city, the defendant got the victim D (33 ) who crosses the crosswalk from the right side of the defendant's living on the left side to the left side, and went beyond the floor.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body frame on the left-hand side in need of approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A survey report on actual conditions;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommended punishment] General Traffic Accident No. 1 [the person subject to special sentencing] [the person subject to sentencing] [the decision of sentence] [the person subject to special sentencing] 6 months of imprisonment without prison labor, the suspended execution of one year (the circumstances of accidents, the degree of injury, the degree of injury, the reflection of the amount of comprehensive insurance, the subscription to comprehensive insurance, the first offense, etc., shall be determined after comprehensively considering the following:

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