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(영문) 부산지방법원 동부지원 2020.06.24 2019고단2273
교통사고처리특례법위반(치상)
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 B car.

On October 4, 2019, the Defendant driven the above car on the 18:42th day of October, 2019, and got to turn to the left while driving the car at the intersection in front of the building C in Busan, and from the D apartment to the E Articles of Incorporation, the two-lane road of the way to the intersection in front of the building C in Busan, and making the left turn.

At this point, as an intersection where signal lights are installed, there was a duty of care to safely drive a motor vehicle according to an anti-control signal by making it possible for the driver of the motor vehicle to live well on the front side and the left side, and accurately operating the steering wheel and brake system.

Nevertheless, the Defendant neglected the above duty of care and neglected to turn left turn on the left at the front side, but failed to turn the right turn on the left at the right turn on the front part of the said car, which was driven by the victim FF (the age of 48) who was working in violation of the signal at the opposite lane of the Defendant at the right turn on the front side of the said car.

As a result, the Defendant suffered serious injury, such as cutting a pelle and cutting off a pelle which require approximately 14 weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report (1 and 2 reports), photographs of the scene of the accident, opinion on the application for inquiry of fact, and each image photograph;

1. Application of the F and H Acts and subordinate statutes of each traffic accident situation statement (F and H);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation according to the sentencing guidelines [the determination of types] of traffic crimes, general traffic accidents [the category 1] mitigation element of traffic accidents (the special person] mitigation element: Where the victim has a considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including a serious effort to recover damage): The recommendation field where serious injury has occurred.

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