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(영문) 부산지방법원 2018.10.24 2018고단1400

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle Di 30.

On December 6, 2017, around 18:00, the Defendant caused a traffic accident in front of the 3-line comprehensive sports ground station located in 73 as the ASEAN-gu, Busan Metropolitan City, and led to the progress of the traffic accident by straightening the scopic intersection without a reduction or stopping.

Since there is an intersection where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle is able to drive the motor vehicle well and safely in accordance with the signals.

Nevertheless, the defendant neglected this and neglected to turn to the left from the right side of the defendant's moving direction by the negligence of proceeding even though the defendant's moving direction was a stop signal, and received the back side part of the victim E (the 41-year-old driver) driver's car left to the left in accordance with the new code from the right side of the defendant's moving direction.

Ultimately, the Defendant suffered injury to the victim, such as finite finites in need of approximately two weeks of treatment by occupational negligence as above.

2. The Defendant damaged property by putting the said cab out in front of an individual H taxi operated by the victim G in the course of the above scopic intersection at the time and place specified in paragraph 1, and then cutting down the said cab with the scopic and roof attached to the above scops and the roof, and destroying the said cab in such a way that the scopic and the scopic can be scoped with the driver’s seat by scoping it with the driver’s seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a criminal investigation report (the victim E phone statement), investigation report (to attach a field photo), investigation report (to submit a written estimate to the victim G), investigation report (to attach a written diagnosis to the victim E);

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