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(영문) 부산지방법원 동부지원 2018.01.10 2017고단1991

교통사고처리특례법위반(치상)

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1. The defendant shall be punished by imprisonment without prison labor for one year;

2.Provided, That the execution of the above sentence 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 Crane car.

On April 14, 2017, the Defendant driven the above vehicle on April 11:43, 2017, and operated the side road between the 49-day in Busan Suwon apartment and the latter part of the Southern Fire Station, with the side road located between the 109-dong and the Southern Fire Station, and operated the left left-hand turn from the 109-side side of the green apartment.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving a motor vehicle by reporting whether there is a pedestrian who passes the road as well as by properly examining the right and the right of the road.

Nevertheless, the defendant neglected this by negligence, caused the victim D(74) who was geled to the right-hand side of the defendant's car, and sustained the victim's bridge part with the front right-hand side of the vehicle and sustained the victim's injury, such as knee kne cut on the left-hand side, which requires treatment of about 14 weeks or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate), and each additional medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;