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(영문) 부산지방법원 2019.06.12 2019고단1352

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a string and freight vehicle B.

On January 15, 2019, the Defendant driven the above cargo vehicle around 11:30, and proceeded with the shooting distance in front of the fish banks 6-4, Gamba-ro 255, Gamba-ro 6-4, Gamba-ro, Gamba-ro, Gamba-ro.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to the name of the driver.

Nevertheless, the Defendant neglected to do so and went directly to the stop signal and got off to the port from the right side of the direction of the Defendant’s proceeding according to normal signal due to the negligence of the Defendant’s failure, and received the front part of the Defendant’s driving as side of the said cargo vehicle.

As a result, the Defendant suffered injury to the victim, such as the closure of the lower part of the lower part of the left-hand body, for about 14 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the following circumstances described in the grounds for sentencing);

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. Determination of sentence: Six months of imprisonment without prison labor, and two years of a stay of execution (including the first crime committed by the defendant and the agreement with the victim, etc. against the crime of this case);