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(영문) 창원지방법원 진주지원 2018.11.07 2018고단1044
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 May 15, 2018, the Defendant, as a person engaging in driving of C-learning Motor Vehicle, driven the said Motor Vehicle at around 20:00, and proceeded from May 15, 2018 to the south Sea-west at about 50km in speed from the moving side to the south Sea-west at the speed of about 50km.

At the time, there is a night, and there is a crosswalk installed in the front door, so the driver of the vehicle has a duty of care to reduce the speed of the person engaged in driving the vehicle, to take into account the right and the right and the right of the pedestrian, and to stop in the front temporary stop line of the crosswalk and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not temporarily stop in front of the crosswalk and found the victim E (8 years) who dried the crosswalk late, and received the victim as the front offender of the Defendant’s vehicle.

As a result, the Defendant suffered an injury that is expected to be bequeathed, such as recognition disorder, memory disorder, language disorder, physical disorder, etc., due to the injury of less than two years of less than two years of care due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written opinions on serious injury;

1. Statement made by the police with regard to F;

1. On-site photographs;

1. CCTV images;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Recommendations for the application of the sentencing criteria: From April to one year (basic areas): Where an injury occurs among persons who are in the special sentencing range: In the event that an injury occurs, no penalty shall be imposed;

2. In this case, the decision of sentence is serious that the defendant suffered injury, such as cerebrovascular blood, etc., by taking out the victim living in the crosswalk where yellow on and off, etc. is visible, and that the defendant left the crosswalk.

However, the progress of the rehabilitation of the injured party is good.

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