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(영문) 부산지방법원 2018.01.25 2017고단4994
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 proxy driver who is engaged in driving of the Crist Haststa car as a proxy driver.

On April 14, 2017, the Defendant driven the said car on April 14, 2017, and driven the front right road located in Busan-gu D along the two-lanes in the direction of the side-road crossing from the direction of the side-road.

At the same time, the victim F (20) was placed in the crosswalk installed on the road on the right side of the right side prior to the right side, but in such a case, the driver had a duty of care to clearly check whether there is a person on the above right side, and to prevent the accident in advance by accurately manipulating the steering gear and the operation of the steering system.

Nevertheless, the defendant neglected to do so and went through the body of the victim who is placed on the above crosswalk of the above crosswalk due to the negligence of the business.

As a result, the Defendant caused the victim’s injury to low-carbon brain that requires at least six weeks of medical treatment by occupational negligence as above, resulting in continuous training, unstable self-harm, and unknown consciousness, thereby causing danger to the victim’s life.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Each investigation report (round 28,29);

1. Reports on traffic accidents and photographs related to traffic accidents;

1. Application of Acts and subordinate statutes to medical certificates and medical statements;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (with regard to occupation and negligence), and selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommended punishment] The basic area (4 months to 1 year) (special mitigation (special mitigation).

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