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(영문) 부산지방법원 2016.10.28 2016고단4531

교통사고처리특례법위반(치상)

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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a bents car.

On July 13, 2016, the Defendant driven the above car at around 13:00, and proceeded with the intersection in front of the Master craftsperson in Busan Dong-dong, Busan, to the front of the Master Craftsperson in Fari-dong.

Since the location was an intersection where signal apparatus was installed, there was a duty of care to safely drive the vehicle in accordance with the signals by reducing speed and by properly examining the right and the right of the vehicle driver.

Nevertheless, the Defendant neglected this and proceeded to the left without stopping in violation of the red light signal, which is a vehicle stop signal, and without stopping it, caused the error of left-hand turn from the right-hand side of the vehicle driving of the Defendant to the left-hand turn at the right-hand side of the vehicle driving of the victim C(47 years old) who was at the right-hand turn in accordance with the new subparagraph.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt, tensions, etc. in light of tensions for about two weeks of medical treatment, and suffered injury on the part of the victim E (n, 44 years of age) and the victim F (n, 73 years of age) who was on the flurged car of the said flurged car, such as impairment of the head’s identity, strawing, etc. in the part of the head’s unknown for about two weeks of medical treatment, and on the victim G (n, 73 years of age) of the same passenger, for about ten weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident statement prepared C;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph by cutting a black stuff image);

1. Article 3 (1) and 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 concerning facts constituting an offense;

1. Articles 40 and 50 of each Criminal Act for an ordinary competition (a punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against G with the largest situation);

1. Selection of penalty;