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(영문) 부산지방법원 동부지원 2019.01.24 2018고단1955

교통사고처리특례법위반(치상)

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

except that 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 of B SP car.

On June 22, 2018, the Defendant driven the above vehicle on June 22, 2018, and led to the left turn to the “E Middle School” road at the entrance of the “D” underground parking lot located in Busan Shipping Daegu C.

At night, it was installed at the time, and in this case, it is a road on the front side of the moving direction of the defendant's vehicle, and in which case, the driver of the vehicle, who is engaged in driving, has a duty of care to safely drive the vehicle in accordance with the signals by making a temporary stop immediately before the crosswalk and taking care of other traffic while paying attention to the front side and the right and the right of the vehicle.

Nevertheless, the defendant neglected to temporarily stop without temporarily stop, and the victim FF (year 24) who was driving on the right side from the left side of the direction of the defendant's proceeding led to the front side of the bicycle driven by the defendant's vehicle.

Ultimately, the Defendant caused the victim to suffer a serious injury in the real name of friendly disease due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident prepared by the F;

1. The application of Acts and subordinate statutes to one copy of a traffic accident report, a traffic accident report, a report on the occurrence of the accident, a vehicle scene photograph, a vehicle booms image CD, each diagnosis letter, a check letter on serious injuries, a criminal investigation report (report attached to the medical record paper submitted by the victim), and a copy of a records of external exhaustion of a G hospital;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") is committed by causing a traffic accident without temporarily suspending the road on which red signal and crosswalks are installed.