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(영문) 부산지방법원 2015.05.12 2015고단36

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On November 29, 2014, at around 14:45, the Defendant driven the D-Top Dop Dop, which is located in Busan East-gu C, as his duties, led to the direction of the East-gu Office from the side of the East-gu market.

Since this is divided into a sidewalk and a roadway, the person engaged in driving service is required to pass along the roadway, but the defendant was negligent in the course of business that entered the sidewalk in order to take back the sidewalk in violation of this, and the part of the victim F (the age of 82) who walked on the sidewalk was found to have been a crime following the combination of vehicles.

Therefore, the defendant suffered injury, such as a charnel, etc., under the top half of the left-hand side in need of medical treatment for about seven weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Statement on the occurrence of G traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to traffic accident reports and traffic accident occurrence reports;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. The punishment shall be determined by taking into consideration the favorable circumstances prior to the reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the defendant, such as the initial crime, agreement with the victim, and subscription to a comprehensive insurance), the age, character and conduct, intelligence and environment of the defendant, the conditions of sentencing, such as circumstances after the crime, and the sentencing guidelines for