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(영문) 창원지방법원 2019.02.20 2018고단2997
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-ro car.

At around 16:20 on September 29, 2018, the Defendant driven the said car and continued to run approximately 30km in the speed limit from the front of the branch school located in Kim Jong-si, Kim Jong-si. On the two-lane road, the Defendant continued to drive the said car at a speed of about 30km from the boundary of C University to the third-lane distance.

There are signals and crosswalks installed, so in such cases, the driver of the motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely in accordance with the new code while driving the motor vehicle, by checking whether there is a person who is engaged in driving the motor vehicle, and the driver of the motor vehicle has a duty of care to build the crosswalk.

Nevertheless, the defendant neglected this and did not discover the victim D (the age of 49) who has dried the crosswalk from the right side of the defendant's moving direction to the left side of the pedestrian signal, and had the victim go beyond the floor by receiving the victim from the front part of the above car.

After all, the Defendant suffered injury, such as cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Sp

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a fact-finding report, a photo at the scene of the accident, and a black and video CD;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] - The area of aggravation of the first type of ordinary traffic accident (in a safe of August to two years): Where illegality in the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents is serious (in a case where the act-related factors are serious) (in a case where the act-related factors are serious), and a person who is not subject to punishment (in a case where the sentence is rendered), the defendant's age, character and behavior, and the following circumstances.

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