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(영문) 부산지방법원 2015.06.03 2015고단1417
교통사고처리특례법위반
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 EXE car.

On January 17, 2015, the Defendant driven the above car at around 06:50, and proceeded at about 30-40 km from the ri-dong to the 319-lane of the telephone station in front of the 319-dong, Pari-dong, Pari-gu, Busan.

Since there is a crosswalk where signal lights are installed at the front of that place, it was confirmed whether a person engaged in driving of a motor vehicle has the duty of care to reduce the speed for the person engaged in driving of the motor vehicle and to see the front door well, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and tried to find out the victim C (54 years old) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals due to the negligence that continued to go in violation of the signal, even though the signal is changed to the stop signal, and to avoid it. However, the Defendant did not avoid it, and had the victim go beyond the ground by taking the right bridge of the above victim's right side as the front part of the vehicle left side of the Defendant's car.

As a result, the Defendant suffered injury to the victim, such as the right-hand bed, which requires approximately 13 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of occurrence of each traffic accident prepared by the defendant and C;

1. Application of Acts and subordinate statutes to the actual traffic accident investigation report, traffic accident occurrence report, and diagnosis certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Sentencing (decision of type), general traffic accident, type 1 (Bodily Injury from Traffic Accidents), basic area (Special Sentencing), punishment and non-consceptic factors), and traffic accident.

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