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(영문) 부산지방법원 2017.05.17 2017고단483

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 B's driver car.

On December 17, 2016, the Defendant driving the above car at around 15:01, and driving one-lane of the four-lanes in front of the D Hospital located in the Busan East-gu, Busan-do, along with a speed of about 10km from the boundary of the Busan-do basin to the intersection of the intersection, the Defendant suffered from the Defendant’s injury, such as the mouth of a closed string of the movement of the victim E (38 years old) who opened the crosswalk on the right side of the victim E (38 years old) who opened the crosswalk in accordance with the pedestrian name, from the left side of the course of the Defendant’s course, due to the occupational negligence, who violated the signal and kept directly at the speed of about 10km.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] General Traffic Accident Nos. 1 (Bodily Injury by Traffic Accidents) and no person [the person who is subject to special sentencing] [the decision of sentence] and the first offender, and the fact that the person is insured by the comprehensive motor vehicle insurance, etc. shall be determined as per the order, taking into account all kinds of sentencing conditions.