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(영문) 부산지방법원 서부지원 2018.07.13 2018고단756

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving a motor vehicle B.

On March 16, 2018, the Defendant driven the above car at around 20:00, and proceeded with three lanes in front of D Mart C located in Busan Seo-gu, Busan, one of the three-lanes along with three-lanes from the boundary of the hospital.

Since there is a place where a signal, etc. is installed, a person engaged in driving service has a duty of care to reduce the speed, to live well on the right and the right, and to drive safely in accordance with good faith.

Nevertheless, the Defendant neglected this and proceeded to the hospital from the direction of the police box, which was by negligence, without examining the signal, and proceed to the hospital. However, the part of the Fbeer who was driven by the U.S. and the chief door of the car driven by the U.S. was driven by the Defendant’s driver’s vehicle.

Defendant 1 suffered injury to the victim, such as a cage cage cage cage at the right 7 weeks of the right part, which requires approximately five weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of sentencing guidelines] - Class 1 (Bodily Injury resulting from Traffic Accidents) in general traffic accident area (~8 months): The person who is subject to special mitigation: the punishment is not imposed [the sentence] that the defendant caused the traffic accident that the defendant injured a person in violation of the signal, and thus, the defendant should be punished strictly. However, considering the first offender, the defendant is the first offender, the fact that the victim and the victim agreed smoothly, the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., various sentencing conditions shown in the argument of this case are considered.