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(영문) 부산지방법원서부지원 2020.12.18 2020고단1915

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 of B B B B B B B B-125 wheelss.

On May 13, 2020, at around 13:53, the Defendant came to proceed beyond the center line in the direction of the D Pharmacy in the direction of the D Pharmacy in the city of Busan.

Since there is a place where the center line and crosswalk of yellow-ray are installed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front line and to safely drive the motor vehicle in compliance with the rules of duty.

Nevertheless, the Defendant neglected this and proceeded with the center line by breaking the crosswalk, and the victim F (VD125F) who started from two-lanes to the right-hand side of the proceeding direction, is driving by the green signals, and the front part of the GVD125F Roto, which the Defendant drives, overlaps with the part on the right-hand side.

Ultimately, the Defendant suffered injury, such as a plerehion 12 and 1 of the Johion 12 weeks of treatment by the above negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a person who has filed an accident site report (in relation to accident investigation), (1) and (2) a report on the occurrence of a traffic accident, a written diagnosis of CCTV images and photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant’s liability is not less complicated in light of the background of the instant crime and the degree of injury inflicted on the victim.

However, the defendant shows the attitude of recognizing and opposing the crime, the first offender, the fact that the defendant agreed smoothly with the victim is favorable, and the defendant's age and happiness environment, motive means of the crime, results of the crime, circumstances after the crime, etc., and all the sentencing conditions stated in the arguments of this case and the records shall be determined as ordered by the decision.