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(영문) 부산지방법원 2019.06.20 2019고단1680

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

except that 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 engaging in driving a rocketing car.

On March 29, 2019, the Defendant driven the above car on March 23:45, 2019, and was driving the car on the opposite lane along the five-lanes in front of Busan Jin-gu, Busan, with the one-lane from the right intersection to the right intersection.

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

Nevertheless, the Defendant neglected this and received the front part of the victim D (year 26) Operation No. 124CC, which was conducted in accordance with the new subparagraph on the opposite lane due to the negligence of the U.S., even though the vehicle driving signal was suspended, as the front part of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as an injury to the left-hand spelke, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report (1) (2);

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] the injury [special person] caused by traffic accident (including serious efforts to recover damage): Reduction element of punishment: In cases of serious injury (including serious efforts to recover damage): Basic area of recommendation and recommendation], and in cases of imprisonment without prison labor for April to one year;

2. The fact that the defendant's decision on the sentence is against the defendant, has no record of criminal punishment, has agreed with the victim, and the defendant's vehicle is covered by the comprehensive motor vehicle insurance, and other age, character, character, environment and environment of the defendant.