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(영문) 부산지방법원 2016.05.26 2016고단1322

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty of driving a rocketing taxi.

On December 22, 2015, the Defendant driven the above taxi on December 22, 2015, and proceeded at a speed of about 20 km from the intersection to the intersection of amamb in the front of the national bank located in Busan-dong, Busan-do.

Since a crosswalk where a signal, etc. is installed, it is necessary to confirm whether a person engaged in driving of a motor vehicle is a person who gets involved in driving the motor vehicle by reducing the speed and by properly examining the right and the right of the road, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signals to prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim D (e.g., 51 years old) who was crossing from the right side of the crosswalk to the left side of the crosswalk in accordance with the Mad pedestrian safety due to the negligence that continued the vehicle stop signal even though it was, and was immediately operated in order to avoid this, but did not avoid it, and did not cause the damage to the plaintiff's taxi's right side of the taxi, and went beyond the ground.

As a result, the Defendant suffered injury to the victim, which caused approximately seven weeks of medical treatment due to the foregoing occupational negligence, to the end, the part of the body part of the body part of the body part of the upper body.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents [the scope of recommending punishment] where the illegality in the proviso of Article 3(2) of the Act on the Special Cases of the Teaching Service and Order to Attend Course is serious (the decision of sentence).