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(영문) 부산지방법원 서부지원 2018.06.15 2017고단1951

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CK5 taxis.

On October 7, 2017, the Defendant driven the above taxi on October 22:35, 2017, while driving the three lanes in front of the E store located in Busan, Seopo-gu, in the direction of the opposite direction while driving the three lanes from the Gupo-dong to the Mora intersection.

Since the location is an intersection where signal lights are installed, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing speed and checking well the left and right of the road, and there was a duty of care to prevent accidents by driving safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and caused the Defendant to go beyond the floor by shocking the Victim F (16 cm) leveled by the speed of about 5 km at a speed of about 5 km in one lane due to the negligence of the Defendant’s negligence in violation of the signal.

Ultimately, the Defendant caused the victim to suffer bodily injury from the injury of the victim at least 5 / 4 complete horse with the above 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) (1) and a traffic accident analysis and appraisal report;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to investigation reports, and diagnosis reports;

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

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

1. Where the basic area (referring to four months to one year), punishment is not imposed (including special mitigation), or serious injury occurs (including serious efforts to recover damage), the scope of punishment imposed on the sentencing guidelines set forth in the sentencing guidelines; and

2. An unfavorable circumstance, such as the degree of injury of a victim caused by the instant accident, etc., in which a sentence of sentence was rendered, and the defendant recognized the crime of this case and repented in depth.