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(영문) 창원지방법원 통영지원 2013.06.11 2013고단69
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 one year from the date of the final judgment.

Reasons

Punishment of the crime

피고인은 B 카렌스∥ 승용차를 운전하는 업무에 종사하는 사람이다.

On December 15, 2012, the Defendant driven the above vehicle at a speed of about 60 km from the new middle distance to the speed of about 10 km from the front side of the 1st apartment of the Glinas Scam Scam, which is located in the ancient city of Gyeongnam-si, Gyeongnam-do.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the defendant neglected this and proceeded on the left side of the road by his negligence, and thereby, the victim C (the age of 40) who dried the crosswalk on the right side of the road was placed in front of the vehicle driving by the defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the victim’s alley and the chief executive officer of the right, who requires treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act, the Defendant’s imprisonment without prison labor for one or six months is recommended (see, e.g., recommendation for the mitigation area of the type of crime “the injury resulting from traffic accidents” (see, e.g., recognition of a person not subject to punishment as a special mitigation factor)). Determination of the same sentence as the order shall be made in consideration of

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