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(영문) 부산지방법원 2017.05.30 2017고단1141

교통사고처리특례법위반(치상)등

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Defendant shall be punished by imprisonment without prison labor for eight months.

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

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is engaging in driving service of TG cars by making D its franchise.

On December 205, 2016, the Defendant driven the above vehicle at around 21:13, and passed through an intersection where traffic is not controlled by the Defendant, driving the road without the front line of F in Busan, Seo-gu, on the side of the new wall market prior to the depreciation of the road at about 30 km from the Si/Gun/Gu, toward the direction of the ideas and ideas.

The location is the intersection where traffic is frequent, and the center line is installed.

In such cases, if the width of an intersection is larger than that of a road passing through a person engaged in driving of a motor vehicle, it shall slowly be done, and if there is another motor vehicle seeking to enter the intersection from a road with a wide width, the vehicle has a duty of care to yield the course to prevent the accident in advance.

Nevertheless, the defendant neglected this and proceeded as it is, and the defendant first entered the intersection from the right side of the defendant's proceeding to the right side, and then discovered and immediately fested the H 125cc Oral ckis operated by the victim G (23 cc) who proceeds about 50 km in the speed of the city.

However, the victim was driven by the front part of the vehicle operated by the defendant without being faced with, but the right side of the vehicle operated by the victim.

As a result, the Defendant suffered from the injury of the victim G due to the above occupational negligence by suffering from the injury of the blood ties, etc. under the booming light that requires 20 weeks of care.

2. The Defendant violated the Road Traffic Act at a temporary place, such as Paragraph 1, thereby damaging property equivalent to KRW 3,723,00 in the estimation of repair costs, to the H-to-be of the victim G driving due to occupational negligence, such as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. Written estimate;

1. Application of Acts and subordinate statutes to medical statements and diagnostic statements;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (occupationally)