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(영문) 부산지방법원 2019.07.18 2019고단2190

교통사고처리특례법위반(치상)

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Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a passenger car Benz E200.

On May 16, 2019, the Defendant driven the above car on May 20:15, 2019, and led to the driving from D to D, along the three-lanes of the Jinyang road in the vicinity of Busan Jin-gu C.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals by reducing speed and checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and received the front part of the victim E(the 46-year-old driver) driving in the opposite lane due to the negligence of left-hand turn while the vehicle driving signal is straight, and the front part of the victim E(the 46-year-old driver) driving was driven by the Defendant’s driver.

Ultimately, the Defendant suffered, by such occupational negligence, a knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne knee kne kne, which requires two weeks of treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident;

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

1. On-site photographs;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 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 Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are against the defendant, and the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the defendant has no record of criminal punishment, and the defendant's age, character and conduct, environment, motive and circumstance of the crime and circumstances after the crime are considered as a whole.