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(영문) 부산지방법원 2021.01.08 2020고단4812
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 driving a new SM5 car.

around 10:00 on October 16, 2020, the Defendant was moving back to the road adjacent to the Gu D D D D, located in Busan Dong-gu, Busan, for the set-off of the said car.

In such cases, there was a duty of care to safely drive a crosswalk, after checking whether there is a pedestrian who gets to walk another vehicle or crosswalk in the front of the direction before the vehicle is moving back to the person engaged in the driving of the motor vehicle.

Nevertheless, the defendant neglected his duty at the later home and received the victim E (73) who was a victim E (73) who opened a crosswalk from the left side of the defendant's vehicle to the right side, following the direction of the defendant's proceeding when the defendant was negligent in performing his duty at the later home.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the body frame and closing the body frame that requires approximately 10 weeks of treatment.

Summary of Evidence

1. The legal statement of a defendant and the report of a traffic accident by a defendant (1) (2) and the application of statutes;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. The sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is based on the fact that the injured party was serious and that the injured party agreed with the injured party.

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