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(영문) 부산지방법원 2020.03.25 2019고단6260

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for two years.

Reasons

Punishment of the crime

On August 19, 2019, the Defendant driving a Bchip car around 13:40 on August 19, 2019, while driving a Dchip car in Busan Dong-gu, the front of the Dchip road in Busan Dong-gu, about 30 km from the E to the panlet.

At the time, the Defendant was entering the road by getting down the down of the downway and making a left turn to the right at the intersection, and there was a place where a sidewalk for pedestrian traffic was installed, so in such a case, the Defendant had a duty of care to reduce the speed and accurately manipulate the steering gear in order to prevent the accident by driving the vehicle safely and to prevent the accident by driving the vehicle safely.

Nevertheless, the Defendant neglected this and received the victim F (32 years of age) who was reporting by neglecting to operate a sidewalk as it was, in front of the Defendant’s vehicle.

As a result, the Defendant suffered from the above occupational negligence that caused the victim to suffer bodily injury, such as the 14 weeks of medical treatment, the mouth, the bones, etc., and the left-hand bridge.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A medical certificate;

1. A traffic accident report;

1. Application of investigation reports (Attachment to the closure, etc. of dynamic images) and investigation reports (determination as to whether to cause serious injury) Acts and subordinate statutes;

1. Grounds for sentencing under Article 3 (1) and the proviso to Article 3 (2) and Article 3 (9) and Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment;

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. Aggravation of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to the range of recommendation [the category 1] traffic accidents caused by traffic accidents (the special sentencing person] increased factors: Where serious injury occurs (the scope of recommendation and recommendation] increased area, August 2 and 2 years without prison labor.

3. Determination of sentence of imprisonment without prison labor: The crime of this case committed for two years by the Defendant was committed by serious injury, such as cutting a bridge, etc., by shocking young pregnant woman who was driven by the Defendant.