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(영문) 부산지방법원 2017.01.12 2016고단5287
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service BL125cc.

On May 14, 2016, the Defendant driven the above Obabaon around 21:27, and proceeded to turn to the right from the side of the apartment to the multi-class elementary school at the intersection of the D convenience point located in Busan Sabagu C.

Since the location was an intersection where signal apparatus was installed, there was a duty of care to accurately operate the steering gear and brakes and drive safely according to the signals by reducing speed for those engaged in driving vehicles, and properly seeing the right and the right and the right of the road.

Nevertheless, the Defendant neglected to do so and did not stop and turn to the left without stopping the yellow signal, which is the signal of vehicle stop confirmed before entering the intersection, and did not turn to the left, and the Defendant was negligent in driving at the right edge of the victim E(17 cm) driving from the right edge to the bathing beach in accordance with the straight line of the vehicle.

As a result, the Defendant suffered injury, such as cerebral cerebral cerebral cerebrovassis, which focuses on the two main bodies in need of an open treatment for approximately eight weeks, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

3. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. [the scope of recommendation] of the grounds for sentencing under Article 62-2(1) of the same Act, and Article 59 of the Act on the Safety Control, etc. of Traffic Accidents No. 1 (the scope of recommendation] of the basic area (4 to 1 year) (the person who is subject to special sentencing] has no person [the decision of sentencing] [the defendant's person who

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