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(영문) 부산지방법원 2015.12.08 2015고단5264

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The defendant is a person who is engaged in driving a 1 ton of salary Class B.

On May 24, 2015, the Defendant driven the above truck at around 07:20 on May 24, 2015, and proceeded to turn to the left at the right turn in the front direction of the D-do road located in Busan Jin-gu C from the direction of the intersection.

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

Nevertheless, the defendant neglected this and caused the left-hand turn to the left-hand turn in violation of the signal while the defendant violated the right-hand turn signal, and the victim E (the age of 23) driven by driving the above intersection in the direction of the difference between the three-way intersections according to the straight-line signal, which was driven by the victim E (the age of 23).

As a result, the Defendant suffered injury to the victim, such as a closed aggregate felbling, the left-hand felbing, etc., which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. A traffic accident report;

1. Application of the Acts and subordinate statutes concerning traffic accidents, such as investigation reports (traffic informationctv video recording images), and photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a punishment without prison labor, among the negligence of and damage to the defendant;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the reflection of the accused, the comprehensive insurance coverage, and the fine for negligence in 2003 does not have the same criminal records, and the fact that there is no excess of the fine

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] of the General Traffic Accidents Act: Type 1 (Bodily Injury resulting from Traffic Accidents) (In April-10), no basic area (special person) exists;