beta
(영문) 부산지방법원 2018.10.02 2018고단3617

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2018, the Defendant driving a D SP car around 10:00, and led to the direction of the market in the direction of viewing the Busan Jin-gu, Busan to the front of the 409 white apartment.

On the other hand, there was a sign of a road surface prohibiting the left-hand turn (on the direction of viewing an elementary school) and a crosswalk without any signal, so in such a case, the Defendant, who is engaged in driving service, had a duty of care to safely drive the steering gear by complying with the safety sign and properly manipulating the steering gear and operating the steering gear on the crosswalk.

Nevertheless, the defendant neglected this and proceeded to turn to the left in the direction of an elementary school in the viewing direction, and the victim E (if 80 years old) who was walking on the front side from the right side of the crosswalk installed in the front side to the left side, followed the victim's body in front of the above vehicle due to occupational negligence that found late, and caused the victim to go beyond the floor.

Ultimately, the Defendant caused the victim to suffer injury, such as the closure frame of the body near the pelke, which is referred to in the framework of the body of the pelpel that requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

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

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is the basic area (the period from April to one year) of the type of traffic accident (the person subject to special mitigation] (including the person subject to serious efforts to recover damage) / Cases where the illegality in Article 3 (2) (excluding subparagraph 8) of the Act on the Special Cases of Class III (excluding the case of serious efforts to recover damage), or in cases of driving in distress;

2. Sentence;