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(영문) 부산지방법원 2015.11.18 2015고단5866

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 who is engaged in driving a character B.

On May 9, 2015, the Defendant, around 14:00, proceeded at a speed of about 50km from the direction of the Gu tax office to the distance of the Gu tax office at the speed of about 50km, along the two-lanes in front of Rap Apartment apartment, which is located in the same part of the wife population at Chicago-si.

Since there is a crosswalk where signal lights are installed in the front door, the driver of the motor vehicle has a duty of care to drive the motor vehicle while paying attention to the safety of pedestrians, such as temporary stop in the case of pedestrian signal according to the direction of the front door signal, etc.

Nevertheless, the defendant neglected this and found the victim C (the 11 year old) walking along the crosswalk from the left side of the direction of the proceeding to the right side by neglecting the change of the vehicle signal to the stop signal, and found it late later from the left side of the direction of the proceeding, and the part of the defendant's vehicle driving ahead of the driver's vehicle driving ahead of the victim's vehicle driving ahead of the victim to go beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as duplicating pels, which require approximately 12 weeks of medical treatment, due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written statement prepared by the defendant and E;

1. A statement of occurrence of a traffic accident prepared by the F;

1. A traffic accident report (1), report on the occurrence of a traffic accident, site of accident, report on the occurrence of a traffic accident, site of accident, photograph of an accident vehicle, image photograph on the scene of accident, and medical certificate;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 8, 17, 22, 23 in the list of evidence);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing (decision of type), general traffic accident, type 1 (Bodily Injury from Traffic Accidents), basic area (Special Sentencing), punishment and non-consceptic factors), and traffic accident.