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(영문) 부산지방법원 2015.06.17 2015고단1426

교통사고처리특례법위반

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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 engaging in driving a C-si.

On February 13, 2015, the defendant, around 17:45, passed two-lanes of the two-lanes of the Jukcheon-dong, Busan, the 3-dong community service center located in Seocheon-dong, Busan, Seocheon-dong.

In this case, the defendant engaged in driving of the motor vehicle has the duty of care to observe traffic signals and build roads according to the crosswalks, to accurately operate the steering gear and brakes according to the traffic situation of the location, and to prevent accidents in advance by accurately operating the steering gear and brakes according to the traffic situation of the site.

Nevertheless, the Defendant neglected to do so and got the victim D (10 years old) who was moving the way from the right side of the above taxi to the left side of the taxi in accordance with the new subparagraph by negligence, and received the victim D (10 years old) from the right side of the taxi.

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the occurrence of each traffic accident by Defendant and E;

1. Application of Acts and subordinate statutes to traffic accident reports, diagnosis certificates, investigation reports (in cases of accident sites), and other Acts and subordinate statutes;

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. The sentencing guidelines [the sentencing guidelines] general traffic accidents, the first type (the injury of traffic accidents), the basic area (the specially sponsor) (the special sponsor), the serious effort to recover from damage, and the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the scope of the sentencing guidelines) is serious (the scope of the sentencing guidelines).