(영문) 부산지방법원 2019.08.30 2019고단2986

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(영문) 부산지방법원 2019.08.30 2019고단2986

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 Bchip car.

On May 7, 2019, the Defendant driven the said car at around 20:50, and led to the right-hand of the road front of the Busan So-gu C apartment, Busan, to Dwale from the direction of the Swale.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to safely drive in accordance with the new subparagraph by checking whether a person engaged in driving service is a person to reduce speed and to see the right and the right and the right of the road well.

Nevertheless, the Defendant neglected to do so and proceeded without neglecting the fact that the vehicle progress signal is changed to a stop signal, and by neglecting it, the Defendant got off the victim E, who opened the crosswalk to port from the right side of the direction of the Defendant’s proceeding, to the front of the said vehicle by driving of the Defendant.

As a result, the Defendant suffered injury, such as an injury to the victim by his occupational negligence during approximately 10 weeks of medical treatment, such as the left-hand ske francing of the upper-class franchis.

Summary of Evidence

1. Defendant's legal statement;

1. E's statement of traffic accident;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined in consideration of all the circumstances shown in the arguments of this case, such as the following: (a) the degree of traffic offense of the accused for sentencing under Article 62-2 of the Social Service Order Act is serious; (b) the degree of injury of the victim is not less severe; (c) the victim does not want the punishment of the accused; and (d) the age, character and conduct, motive of the crime

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