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(영문) 부산지방법원 서부지원 2018.01.25 2017고단1509
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 low-priced car.

On October 9, 2017, the Defendant, at around 09:30 on October 9, 2017, proceeded along the roads in front of the station located in Seo-gu Busan, Seo-gu, to the intersection of the intersection from the evisan to the intersection of the intersection, and made the left turn to the left in the direction of the air conditioners.

Since the place has a crosswalk, in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a duty of care to reduce the speed, to live well on the front side and the right side, and to build the road, and to drive safely.

Nevertheless, the defendant neglected this and tried to cut the crosswalk to the floor by shocking the victim E (58) by negligence.

Ultimately, the Defendant suffered injury to the victim, such as cutting the bones of her bones, which requires approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual investigation report on traffic accidents;

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

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 and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order [the scope of sentencing guidelines] - The basic area of the first type of general traffic accident (the decision of sentencing) [the decision of sentencing] [the defendant has been sentenced] three times a fine due to drinking alcohol, the road crossing is shocking pedestrians, and the degree of injury to pedestrians is not severe, and the fact that the defendant's general insurance company and the victim agreed with the defendant is favorable, shall be taken into consideration in light of the circumstances, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as stated in the argument of this case, and the decision of sentencing is ordered as ordered.

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