beta
(영문) 부산지방법원 2015.08.12 2015고단2663

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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

The defendant is a person driving a C-learning car volume.

On April 5, 2015, at around 20:45, the Defendant sent a road along which pedestrian signal is installed in front of the resignation 1 Public Security Center in the Dong-dong, Busan to the front of the 1st public security center.

In such cases, the driver has a duty of care to live well in the front of the road and safely drive the road in a place where the crosswalk is located in the direction of the road.

Nevertheless, by negligence of driving the crosswalk as it is, the victim D (the age of 61) crossing the crosswalk was shocked by the front driver of the vehicle and exceeded the ground.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately eight weeks of medical treatment. In addition, the Defendant suffered injury to the right-hand dynasium abandonment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each traffic accident report prepared by the defendant or D;

1. Application of the Acts and subordinate statutes to the offender's place, actual investigation report, occurrence report, and diagnosis report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Sentencing (Determination of type): General traffic accidents, Type 1 (Bodily Injury from Traffic Accidents), mitigation area (Special Sentencing) and penalty and non-exclusive factors (Scope of sentencing and sentence) (Scope of sentencing and sentence) from January to June;

2. The decision shall be made in the same manner as the decision is made, comprehensively taking into account the degree of negligence and the age, character and conduct, environment, etc. of the defendant, in consideration of the fact that the decision of sentence is covered by the comprehensive motor vehicle insurance, the agreement with the victim, and the fact that there is no special criminal history other than the minor fine