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(영문) 창원지방법원 2017.10.18 2017고단1962
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person driving a rocketing car.

On April 24, 2017, the Defendant driven the above car on April 24, 2017, and proceeded to turn to the left at the left of the front of the E river located in Seongdong-gu, Sungwon-si, Sungwon-si, Sungwon-si, by making a three-way distance from the offside of the E private distance to the offside of the green apartment.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to study whether there is a person who gets on the front side and the right and the right, and to safely drive the crosswalk.

Nevertheless, the defendant neglected to do so and passed the vehicle driving direction of the defendant's vehicle driving, and the victim F (76 years old) who was standing the crosswalk from the right side of the defendant's vehicle driving direction to the left side of the crosswalk was awarded the victim F (76 years old) to the front part of the right side of the vehicle.

As a result, Defendant 1 suffered injury to the victim by negligence in the above business, such as the pressure duplicating pressure for approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Article 268 of the Criminal Act (Punishment of Imprisonment without prison labor);

1. Article 62 (1) and Article 62-2 of the Criminal Act concerning suspension of execution or order to attend a lecture;

1. A person whose sentencing under Article 186 of the Criminal Procedure Act (the basic remuneration of 300,000 won for a national defense counsel) is based on the classification of types of crimes and who is a special sentencing factor for the sentencing guidelines between January and August 4 of the injury caused by traffic accidents based on the classification of types of crimes: the sentencing guidelines between January and August 1, and August 2: the sentencing guidelines for the sentencing factors (the gross negligence), the sentencing factors (the amount of mitigation from April to one year), the sentencing factors (the amount of mitigation from April to one year): the sentence of imprisonment without prison labor for a term of four months: the sentence of imprisonment without prison labor for a term of two years: the one-year period of suspension of execution; the grounds for reduction of one-time period of a fine for the same kind of elderly; the confession of a victim; the amount of punishment of a victim; and the comprehensive insurance, etc.;

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