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(영문) 부산지방법원 2017.11.09 2017고단3133
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 14, 2017, the Defendant driven the above car at around 17:20, and turned the Busan Jin market intersection, which is located in 24, from the Jin-si city of Busan to the Jin-si, according to one-lane between the three-lanes in the direction of modern department stores in the direction of modern department stores.

Since there is a large distance crossing in which signal lights are installed, a person engaged in driving service has a duty of care to safely drive a person who is engaged in driving service in accordance with signals such as signal.

Nevertheless, the Defendant neglected to do so and neglected to change the vehicle driving signal to the red signal, and due to the negligence that the vehicle driving signal was progress, the Defendant received the front wheels part of the victim D(36 tax) driving directly from the right right side of the car driving direction to the left side of the car in accordance with normal signals, and received the front wheels part of the car.

Accordingly, the Defendant suffered approximately 10 weeks of knenee bones closed kneebranes by negligence on the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Photographs photographs on the part of an accident involving a driver's vehicle, a report on investigation (fluor video) and a photograph of a black stuff image;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act was the instant case, which led to a serious consequence, such as the victim's injury of 10 weeks prior to the suspension of execution.

However, the defendant reflects the crime and agreed with the victim.

Before the instant case, the Defendant had not been sentenced to a fine of KRW 100,000 due to a violation of the Labor Standards Act in 2003.

The sentencing shown in the trial process, such as the age, character and conduct, environment, etc. of the accused.

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