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(영문) 부산지방법원 2013.09.11 2013고단4217

교통사고처리특례법위반

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-si.

On June 22, 2013, the defendant driving the above taxi around 05:20 on June 22, 2013, and driving the road of three lanes in front of the SK Apartment-dong, Busan, through two lanes from the algoriririthm to the egorithm of the PK apartment.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, and whether a person has a duty of care to reduce the speed and to properly check the front left.

Nevertheless, the Defendant was negligent in driving a vehicle while driving the vehicle, and due to the negligence of proceeding, even though it was the vehicle stop signal, and the Defendant received the victim C(52 years of age) who cross the crosswalk from the right side to the left side of the crosswalk and the victim D(35 years of age) who was next to it.

As a result, the Defendant suffered injury to the victim C, such as a bridged body felling, which requires approximately eight weeks of medical treatment, and injury to the victim D, such as light and feld salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A protocol concerning suspect examination of D;

1. A criminal investigation report (victim C’s hearing report);

1. Application of each written diagnosis (C, D) statute;

1. Article 3 (1), the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point of causing bodily injury by occupational negligence against D), Article 3 (1), the 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 concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor (to take into account the degree of violation of the duty of care of the accused, the degree of injury of the victims, agreement, etc.);

1. A criminal record who has exceeded the fine under Article 62 (1) of the Criminal Act;