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(영문) 부산지방법원 서부지원 2020.04.23 2019고단2577

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 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 of B-si.

On September 22, 2019, the Defendant driven the above taxi on September 19:22, 2019, and got to turn to the left at approximately 30km a speed of 40km from the direction of the school patrol box to the sloping along the direction of the school patrol box.

At the time of night, there was a crosswalk that does not have a signal, so in such a case, there was a duty of care to check whether there was a person who gets on a crosswalk by reducing speed and checking well the right and the right of the driver of the vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, received the victim E (the age of 56) crossing the crosswalk from the front driver of the vehicle.

As a result, the Defendant suffered damages to the victim due to such occupational negligence during about 16 weeks of unstable treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) and a traffic accident report (2);

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of the recommended sentence according to the sentencing guidelines [decision of types] of traffic accidents in general traffic accidents [Type 1] The injury [special person] - The mitigated element of a traffic accident (including serious efforts to recover damage): In cases of serious injury (including the area of recommendation and recommendation] - In cases of causing serious injury, the basic area of the automobile insurance, the credit cooperative from April to one year [general person] - In cases of mitigation element: purchase of comprehensive motor vehicle insurance, serious reflective factors - other factors of increase: Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.