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(영문) 부산지방법원 동부지원 2015.04.29 2015고단420

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 18, 2014, the Defendant, who is engaged in driving of B-learning cars, was driving the said car on November 20, 2014, and was driving the car in front of the Il-dong, U.S. apartment commercial building located in Busan Shipping Daegu, and became to turn to the left at a speed equivalent to about 20km per hour from the side of the golf high school.

At the time, the passage of a vehicle is frequent through a tri-distance intersection where a red flickering light is installed. In such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance, such as reducing the speed before entering the intersection and accurately manipulating the steering direction and brake system by properly examining the front and rear left, prior to entering the intersection.

Nevertheless, the Defendant neglected this and caused a traffic accident to go beyond the victim due to the driver’s front part of the above vehicle driving by the victim C (the 18-year-old driver) driving on the right side of the Defendant’s driving direction to the right side (the right side of SK apartment from the third intersection). Thus, the Defendant failed to find out the victim C (the 18-year-old driver) driving on the right side of the above intersection, thereby causing the victim to go beyond the victim, and then cause a traffic accident to go against the victim by fishing on a different part of the above vehicle. Accordingly, the Defendant caused a serious injury to the awareness of the victim due to low oxygen brain injury, liver damage, and liver damage, etc., whose treatment days cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to opinions of doctors;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;