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(영문) 창원지방법원 2017.09.01 2017고단2103
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On April 19, 2017, the Defendant, who is engaged in driving of B new bus, was driving the above bus around 22:25 on April 19, 2017, and was driving in the direction of the Do office in the direction of the Do office in the direction of the Do office in the city of Gyeong-gu, Changwon.

At the same time, the signal lights and crosswalks are installed. In such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code, to ensure that there is a person who gets a way in the crosswalk, and to drive the motor vehicle in good manner, and to prevent the accident by driving the motor vehicle.

Nevertheless, the Defendant neglected this and got the victim C (18 tax) who dried the road from the right-hand side of the Defendant's vehicle to the left-hand side in accordance with the pedestrian signals by negligence in violation of the signal even though it was a stop signal, and got the victim C (18 tax) to go beyond the road.

Ultimately, the Defendant suffered injury to the victim, such as credit blood fry, etc., which requires approximately 14 weeks medical treatment, due to the above occupational and practical injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement (C);

1. A medical certificate;

1. A survey report on actual conditions;

1. A photo of the accident scene and accident vehicle;

1. Application of Acts and subordinate statutes to the investigation report (related to the analysis of CCTVs through the intersection of duness);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

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

1. Where the reason for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended punishment] is the case where the illegality in the basic area (four months to one year) (the person subject to special mitigation) [the person subject to special mitigation] in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Education is serious (the decision of sentence] [the defendant violated the signal while driving a vehicle and violated the duty to protect pedestrians in the crosswalk.

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