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(영문) 부산지방법원 서부지원 2018.07.11 2018고단217
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of 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 of a passenger car in B SP area.

On December 21, 2017, the Defendant driven the above vehicle at around 13:45 on December 21, 2017, and driven the intersection in front of the lower zone located at the lower end of the city of Busan, which was located at the lower end of the city of Busan, with one-lane distance from the lower part of the lower part of the subway stations of the same Dong-dong.

At this point, since the driver of any motor vehicle had a duty of care to safely drive the motor vehicle in accordance with the signals displayed by the signal apparatus, the motor vehicle driver neglected this duty and neglected to do so, and neglected the fact that the traffic signal on the front side of the motor vehicle is changed to the red stop signal, and due to the negligence that the motor vehicle driver proceeds, while driving on the left side from the right side of the motor vehicle of the defendant, the part on the left side of the motor vehicle operated by the victim C, the victim of the CA110C-U., which is driving on the left side, was shocked by the front part of the motor vehicle of the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the period of about 14 weeks to the right upper end, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 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. Type 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) (including specially mitigated persons) area to be mitigated, the scope of punishment of which is the general traffic accident according to the sentencing criteria, and the scope of punishment is not limited (including serious efforts to recover damage);

2. Taking into account the favorable circumstances, such as the fact that the degree of injury of the victim who has been sentenced to punishment was serious, the fact that the defendant recognized the crime of this case and repented in depth, the fact that the defendant subscribed to a comprehensive insurance, the agreed fact, and the first offender, as well as other favorable circumstances.

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