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(영문) 부산지방법원 서부지원 2018.11.07 2018고단1530

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a CMW car.

On May 21, 2018, the Defendant driven the above car at around 16:00, and led the two-lanes of the four-lanes behind the Gancheon-dong in Busan, Seocheon-gu, Seocheon-gu, Busan, to go through the direction of lighting along the same Si/Gu.

A driver who changes a lane has a duty of care to prevent accidents by accurately operating the steering direction and brake system before and after the change of the lane.

Nevertheless, the Defendant neglected to change the three-lanes into the right side of the Defendant’s driving, which led to the Defendant’s negligence of changing the three-lanes to the three-lanes. The Defendant received the left side side part of the Defendant’s driving car from the victim D(W, 57 years old).

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the left-hand side of the five weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. Traffic accident reports, on-site photographs, black stuffs video CDs;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The basic area (from April to one year) (any person who is in special sentencing) of the types of general traffic accidents, the scope of which is recommended according to the sentencing criteria, shall be limited to the general traffic accidents; and

2. Determination of sentence: (a) disadvantageous circumstances, such as the degree of injury suffered by the instant accident, and the non-agreement with the victim; and (b) favorable circumstances, such as the recognition of the instant crime and the Defendant’s mistake in depth, and the primary offender, should be taken into account; and (c) comprehensive consideration of all the sentencing conditions in the process of the instant records and arguments, as indicated in the Disposition.