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(영문) 부산지방법원 2012.11.21 2012고단4083
교통사고처리특례법위반
Text

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

except that 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 car in Cknife.

On April 14, 2012, the Defendant driven the above car at around 06:00, and proceeds from the four-lane road in front of the French-gu Busan, Busan, in the vicinity of the intersection, the Defendant temporarily stopped due to a stop signal in front of the crosswalk which was installed in front of the crosswalk, and led the vehicle to go straight ahead of the intersection according to the vehicle signal while driving.

However, there are lots of pedestrian signals installed. At the time, the Defendant was temporarily stop in front of the crosswalk in accordance with the pedestrian signals of the vehicle stop signal and the crosswalk, and thus, in such a case, the Defendant, who is engaged in driving a motor vehicle, has the duty of care to start it after checking whether there is a pedestrian who was a walker in the crosswalk in accordance with the pedestrian signals and fails to complete the crossing.

Nevertheless, the Defendant did not fulfill such duty of care and did not look at the right and the right and the right and the right and the right side part of the victim D (the age of 56), which continued to collapse on the left side of the crosswalk after changing the way to the right and the right side part of the road to a stop signal by an occupational negligence, which started from the front part of the said vehicle, into the front part of the said vehicle.

The Defendant, as such, neglected to perform his duty of care as above, sustained injury to the victim, such as the recovery of the upper half of the left-hand body, which requires about 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident in DNA;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on traffic accident;

1. Article 3(1) and the proviso of Article 3(2) and Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts, and the Criminal Act;

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