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(영문) 부산지방법원 2014.01.07 2013고단4804

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a knife vehicle in Ireland.

On October 06, 2012, the Defendant driven the above van on the 07:15th day of October, 2012, and moved ahead of the road in the direction of the Gangseo-gu Busan Gangseo-gu Busan Metropolitan City Busan Metropolitan City Busan Metropolitan City Factory to the chemical industrial complex.

Since there is a bicycle crossing, there was a duty of care to prevent a person engaged in driving of a motor vehicle from hindering or endangering the bicycle crossing.

그런데도 피고인은 이를 게을리 한 채 그대로 진행한 과실로 위 승합차의 우측 앞 범퍼 부분으로 자전거횡단도를 건너던 피해자 E(16세)이 운전하는 자전거를 들이받고 그 충격으로 자전거에서 튕겨져 나온 피해자의 머리 부분을 위 차량 우측 앞 유리로 들이받았다.

The Defendant suffered from the victim’s injury to less than 12 weeks of less than 12 weeks of medical treatment due to occupational negligence, such as cerebral cerebral cerebral cerebral cerebral lele, and caused the victim to have a disability in recognition function, an incomplete fluoral math, or an incurable or incurable disease.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes to medical certificates, opinions, and requests for investigation cooperation;

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. Article 62 (1) of the Criminal Act (i.e., the suspension of execution is against each other, and deposits 12 million won for the victim, and consideration has been given to the fact that a marine vehicle purchases a comprehensive insurance policy);

1. Social service order under Article 62-2 of the Criminal Act;