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(영문) 창원지방법원 통영지원 2018.01.10 2017고단1532
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On August 17, 2017, the Defendant driven the above car at around 11:00, and made it clear for the road of one lane in front of the Pool-dong Pool Pool-dong Pool-dong Pool-do to run approximately 30 km per hour from the surface of the Pool-dong Pool-dong Pool-do Pool-do Pool-do to the surface of the apartment market.

At the same time, the passage of vehicles and pedestrians was frequent in the vicinity of the market, and in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle by safely driving the motor vehicle, such as driving the motor vehicle after checking whether the driver of the motor vehicle is a pedestrian or not, and driving the crosswalk.

Nevertheless, the Defendant neglected to do so and did not find out the victim C (A, 65 years old) who dried the crosswalk on the right side from the left side of the direction of the running of the Defendant due to the occupational negligence of the Defendant, and received the victim as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury due to the above occupational negligence, such as the need for approximately 13 weeks of medical treatment and the alley of the pelvis.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the area subject to mitigation (one month to eight months) (including a person subject to special mitigation) of traffic accidents in the area subject to mitigation (including a serious effort to recover damage);

3. The sentence of sentence is relatively heavy to the injured party.

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