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(영문) 부산지방법원 서부지원 2018.04.06 2017고단1617
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 car in C hosting.

On September 21, 2017, the Defendant driven the above vehicle on September 21, 2017, and led to the driving distance in front of the construction site of Samnam apartment located in Gangseo-gu, Busan, Busan, to go about about 60 km each hour from the direction of the Gangseo Police Station in the direction of the malfunction.

Since the location is where a red flickering is installed, there was a duty of care to check whether a driver engaged in driving of a motor vehicle has a cross-road vehicle by reducing speed or temporarily stopping and prevent accidents by driving the motor vehicle.

Nevertheless, the defendant neglected to do so and led to the failure of the defendant to set the Ei 30 car driven by the victim D (I am, 36 years old) who had been straighted on the right side by yellow on and off lights.

Ultimately, the Defendant suffered from the above occupational negligence on the part of the victim D, the i30 driver of the above i30 vehicle, the victim F (7 tax) and G (6 tax) who were on the top of the above i30 vehicle operation, injury, such as catum cather, which requires approximately two weeks of medical treatment, and the victim H (37 tax) and I (36 years of age) who were on board the back of the above i30 vehicle operation, for the victim H and I (36 years of age) who were on board the back of the above i30 vehicle operation, injury, such as datum cat, etc., which require approximately 8 weeks of medical treatment, and the victim J (36 years of age) who was in need of approximately 4 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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 order [the scope of sentencing guidelines recommended] - Type 1 (Bodily Injury resulting from Traffic Accidents) (one to eight months) of the general traffic accident area - Special mitigated person: the defendant is not subject to punishment [the decision of sentence].

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