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(영문) 부산지방법원 2018.07.24 2018고단2007

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

On March 3, 2018, the Defendant driven a BPoter II cargo vehicle around 13:54 on March 3, 2018, and led to turn to the left at the right angle from the south side of the mountain at the intersection in front of the Taegan apartment apartment located in the 32-dong, Cheongnam-gu, Busan.

At that time, there was a crosswalk that does not have a signal signal at the front of that place, so there was a duty of care to check whether a person engaged in driving of a motor vehicle was a person to drive the motor vehicle by reducing the speed and by checking well the right and the right and the right of the road.

Nevertheless, the Defendant neglected to do so and did not see the front door properly, and the Defendant’s fault, which led from the right side of the Defendant’s proceeding to the left side of the crosswalk to the left side of the crosswalk, brought the victim C (W, 51 years old), and the victim D (W, 53 years old) to the front side of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the above occupational negligence to the above C the left-hand body felgs, etc. requiring a 9-day medical treatment, and the above D suffered from the right-hand felgs, etc. requiring a 8-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the area subject to mitigation (one month to eight months) (including a person subject to special mitigation) of the mitigated punishment (including a serious effort to recover damage);

2. Circumstances disadvantageous to the decision of sentence: The degree of injury of the victims shall be heavy as it was negligent that the pedestrians passing the crosswalks are shocked; and