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(영문) 부산지방법원 2015.05.20 2014고단9221

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the BM7 car.

On August 16, 2014, the Defendant driven the above vehicle at around 13:00, and proceeded directly from the lower side of the lower side of the public parking lot in front of the public parking lot in the subway station at the bottom of Busan, the Defendant turned directly from the lower side of the lower side to about 30km of the speed at around 30km from the lower side of the lower side.

Since there was an intersection where signal, etc. was installed in the front bank, in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, even though the Defendant neglected this and the signal was changed to the stop signal of the vehicle, the Defendant was negligent in proceeding in violation of the signal and was driven by the victim C(60 years old) who was proceeding along the intersection from the right side of the Defendant’s vehicle to the left side in accordance with the new code, and was driven by the victim C(60 years old).

Ultimately, the Defendant caused a serious injury to the victim due to the above occupational negligence, which caused approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the occurrence of each traffic accident by Defendant, E, and F;

1. The cases of the investigation report on traffic accidents, diagnosis certificates, and opinions on serious injuries issued, reply to the issuance thereof, and the application of statutes to the investigation report (with respect to opinions on serious injuries);

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Sentencing (Determination of type): General traffic accidents, Type 1 (Bodily Injury from Traffic Accidents), and the area of aggravation (Special Aggravation) (Scope of the sentence of recommendation) (Scope of sentence) (Scope of sentence of recommendation), month from August to June of imprisonment without prison labor;

2. Determination of sentence: