beta
(영문) 부산지방법원 동부지원 2019.02.20 2018고단2354

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

At around 23:40 on November 3, 2018, the Defendant driven a B rocketing taxi and proceeded along a two-lane road in front of the Busan Arts Center, which is located in the Southern-gu Busan Metropolitan City, with one-lane from the border line to C from the border line.

At all times, according to the signals and instructions given by the driver of a motor vehicle to a crosswalk with signal apparatus installed on the front door, there was a duty of care to safely operate the crosswalk by checking whether there is a pedestrian or not.

Nevertheless, the Defendant, while driving on the front side of the road as it is, did not neglect the red signal and did not properly examine the existence of pedestrians, received the body of the victim D (24 years old) who dried the crosswalk from the left side of the Defendant's driving direction to the right side, as the front part of the Defendant's vehicle, and suffered injury, such as cutting the body of the victim's unknown part of the upper part of the upper part of the upper part, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident occurrence report;

1. Vehicle booms, video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant suffered serious injury to the victim by violating the signal, and that it is reasonable to strictly punish the victim due to the agreement with the victim or the lack of a letter of intent.

However, the confession, the criminal fact caused by negligence, the fact that a motor vehicle is expected to be able to recover from damage because it is admitted to the taxi mutual aid association, and other punishment as ordered shall be determined in consideration of all sentencing conditions against the defendant.