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(영문) 창원지방법원 진주지원 2018.10.04 2018고단892
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On June 7, 2018, the Defendant came to turn to the left from the front of the “D” road located in the South-west Navy C around 11:00 to the front of the “D” page.

Since the place is where the center line of the yellow real line is installed, a person engaged in driving service has the duty of care to make a left-hand turn at the place where permission for left-hand turn is confirmed whether there is a vehicle going on in the opposite direction.

Nevertheless, the Defendant neglected this and caused the left-hand turn to the left-hand turn of the cargo vehicle due to the negligence of the Defendant’s failure, which led to the left-hand turn-hand turn-on of the victim E (the 76-year old) who was walking on the opposite line of the moving-on of the cargo vehicle.

As a result, the Defendant suffered injury, such as a 10-day frame, from the victim’s occupational negligence, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reporting on the occurrence of a traffic accident, reporting on each traffic accident, and related photographs;

1. A medical certificate;

1. Application of the Act and subordinate statutes to investigation reports (Attachment to CDAs);

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts; Article 268 of the Criminal Act; Article 268 of the Criminal Act; - Reasons for imposing sentence of imprisonment without prison labor for an unfavorable circumstance: The occurrence of serious injury which is not an injury; any of the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (central intrusion); and no effort to recover damage is made; any favorable circumstance: Subscription to the comprehensive motor vehicle insurance; confession of a crime; and no criminal record

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