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(영문) 부산지방법원 서부지원 2020.06.04 2019고단2002

교통사고처리특례법위반(치상)

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service with BVL125 Z 124CC.

Around 03:40 on June 23, 2019, the Defendant driven the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the sidewalk, which led to the Defendant’s operation of the lower part of the lower part of the lower part of the sidewalk.

Since there is a division between the sidewalk and the roadway, the defendant engaged in driving service has a duty of care to safely drive the vehicle by putting the vehicle on the roadway without infringing on the sidewalk.

Nevertheless, the Defendant neglected this and went on on the sidewalk with the driver’s negligence, and received the right side part of the victim C (the age of 80) who was walking in the same direction.

The Defendant, by such occupational negligence, sustained a flag of pulverization of flavers in need of treatment between approximately 12 weeks on the part of the victim’s left flavers.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Place and photograph of the accident;

1. Current state of victims;

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

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, and 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 is not likely to be committed by the Defendant on the grounds of the suspended sentence. It is not good that the crime of this case was committed by the Defendant upon receiving reports from the Defendant.

The degree of injury of the victim is heavy.

The defendant recognizes his own crime.

The victim shall not want the punishment of a defendant in agreement with the victim.

The defendant has no record of punishment or punishment heavier than a fine for the same kind of crime.

In addition, the Criminal Act, such as the age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes in this case, and circumstances after the crime.