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(영문) 창원지방법원 2015.08.11 2015고단1318
교통사고처리특례법위반
Text

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

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

Reasons

Criminal facts

The Defendant is a person who is engaged in the driving of the Grandroth.

On April 18, 2015, at around 18:14, the Defendant proceeded one-lane road in front of the Cheong Twit-si, Kim Jong-si, Kim Jong-si from the jurisdiction of the military court to the jurisdiction of Samsung Elementary School.

Since there is an intersection where a signal is installed, the driver has a duty of care to reduce the speed and drive safely according to the traffic signal by living well the right and the right of the driver.

Nevertheless, the Defendant neglected this and got the left side of the motor bicycle driving by the victim D (the age of 18) who was driving on the left side from the right side of the proceeding direction due to the negligence of proceeding with yellow fluor, and received the front side of the above fluor.

Ultimately, the Defendant caused the victim to suffer injury, such as duplicating duplicating off, which requires approximately 10 weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related persons in DNA preparation;

1. A traffic accident report;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] where there is a substantial negligence for the occurrence of a traffic accident or the expansion of damage to a victim in the area of mitigation (one to six months) of Part I of the General Traffic Accidents Act [Special Mitigation] [Determination of sentence] 4 months of imprisonment without prison labor, one year of suspended sentence (one year of suspended sentence (one year of suspended sentence where there is negligence on the victim in the occurrence of an accident, reflects the fact that the victim is also at fault, reflects

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